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ABDUL MAJID AHMED BAWANY versus III SIND LABOUR COURT KARACHI


Section 37 with the provisions of the Appeal and Amendment Act of the Labor Laws (Amendment) Ordinance (IX of 1972), the Industrial Relations (Amendment) Ordinance (KLVIII of 1972) and the Industrial Relations (Amendment) Act (XXIX of 1973). Read. 1973 Neither explicitly nor under the will of the Labor Court tries to deprive the victim of the right to appeal, before the date of the Legislature, [appeal (civil)]

P L D 1979 Karachi 549

Before Abdul Hayee Kureshi and I. Mahmud, JJ

ABDUL MAJID AHMED BAWANY AND 7 OTHERS ----Appellants

versus

III SIND LABOUR COURT, KARACHI AND 3 OTHERS ---- Respondents

H. C. A. No. 55 of 1976, decided on 10th March 1979.

(a) Appeal‑----

‑‑A step in proceedings, not a matter of mere procedure but a substantive right to be preserved till rest of career in litigation‑Right of appeal becomes vested as soon as an action commences‑Such right can only be extinguished if Legislature expressly so provides or con clusion of extinction can be justified in doctrine of necessary intend ment.‑[Interpretation of statutes‑Doctrine of necessity.‑[Appeal (civil)).

Craies on Statute Law, 5th Edn., p. 37 ; Blndra on Interpretation of Statutes, 3rd Edn., p. 577 ; Saeedurrehman v. Chief Election Commissioner, Dacca P L D 1965 S C 157 ; Delhi Cloth and General Mills Co. Ltd. v. Income‑tax Commissioner A I R 1927 P C 242; Gari Kapati Veeraya v. Subbiah

Chowdhry P L D 1957 S C (Ind.) 448 and Ghaai and others v. The State P L D 1962 Lah. 662 ref.

(b) Industrial Relations Ordinance (XXIII of 1969)‑

S. 37 read with Labour Laws (Amendment) Ordinance (IX of 1972), Industrial Relations (Amendment) Ordinance (KLVIII of 1972) and Industrial Relations (Amendment) Act (XXIX of 1973)‑Appeal Provisions of Amendment Ordinances of 1972 and Amendment Act of 1973 neither expressly nor by necessary intendment seek to deprive person affected by a decision of Labour Court, before date of enact ment, of a right of appeal.‑[Appeal (civil)].

Mohsin Tayab Ali for Appellants.

Respondent No. 1 (absent).

Khalilur Rehman for Respondents Nos. 2 to 4.

Dates of hearing : 13th and 14th February 1979.

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