Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
High Court Appeal No. 68 of 1979, decided on 2nd March, 1981.
‑‑ S. 2 (xiv)‑Whether National Book Foundation a statutory cor poration established by Federal Government under National Book Foundation Act, 1972 or an industry' within meaning of Ordinance ‑ Labour Court deciding question without suffi cient evidence‑Order of Labour Court and judgment of Single Judge set aside restoring proceeding before Labour Court for fresh trial after giving opportunity to parties to lead evidence if any on question. National Book Foundation Act (XIX of 1972).
M. L. Shahani for Petitioner.
Hassan A. Shaikh for Respondent No. 1.
Respondent No. 2 absent.
Mr. Essa Shaikh, Residing Director, National Book Foundation Karachi, present in person.
‑The question of law raised in this petition whether the National Book Foundation (respondent No. 1) a statutory corporation established by the Federal Government under the National Book Foundation Act, 1972, is an industry' within the meaning of the Industrial Relations Ordinance, 1969.
We have beard the learned counsel at some length. In the course of the arguments they have appreciated the fact that this question was decided by the Labour Court without having sufficient evidence on the question of fact involved. They, therefore, agree that the impugned order of the Labour Court and of necessity the judgment of the learned Single Judge, be set aside and the matter remanded to the Labour Court for a fresh decision.
In view of the aforesaid we set aside the judgment of the learned Single Judge and the order of the Sind Labour Court No. 11, Karachi dated 6th March, 1979. The result is that the proceedings in which the last mentioned order was passed shall be deemed to be pending and shall' be tried again from the stage immediately before passing of the order dated 6th March, 1979 after giving opportunity to the parties to lead additional evidence, if any, on the question as to whether the National Book Foundation is an industry or not. The matter shall then be decided according to law. There will, however, be no order as to costs.
Order accordingly.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer