ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.No.D-1194 of 2013

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Order with signature of Judge

Present : Mr. Justice Muhammad Ali Mazhar

Mr. Justice Abdul GhaniSoomro

Noor-ul-Islam……………….………......……………….….Petitioner

Versus

Sindh Labour Appellate Tribunal and another.....Respondents

Date of Hearing:- 16.09.2016

Mr.M.A.K.Azmati, advocate for the petitioner

Mr.JavedAsgharAwan, advocate for the respondent No.2

Mr.AbdulJabbarQureshi, AAG

………

Muhammad Ali Mazhar, J: The petitioner filed a Grievance Petition No.18/99 in the Vth Sindh Labour Court, Karachi against his dismissal which was allowed vide order dated 10^th December, 2003. Being aggrieved, the respondent No.2 filed appeal No.01/2004 in the Sindh Labour Appellate Tribunal, Karachi and in the absence of counsel for the petitioner, the order was passed on 6^th September, 2012 by Sindh Labour Appellate Tribunal whereby order of Labour Court was set aside on the ground that VthLabour Court had no territorial jurisdiction to decide grievance petition of the petitioner. Since this order was passed in the absence of petitioner’s counsel, therefore, he filed review application before same Tribunal which was disposed of on 13^th November, 2012 mainly on the ground that Tribunal had no jurisdiction to review its own order but contention raised by the learned counsel for the petitioner in relation to Tribunal jurisdiction was upheld and Tribunal also observed that the counsel for employer obtained the order by misguiding him and since he had no power to recall its own order, therefore, he directed the petitioner’s counsel to approach this court in constitutional petition. Learned counsel for the petitioner and respondent No.2, both, agreed that impugned order passed by Tribunal may be set aside and matter may be remanded back to Tribunal for deciding the appeal on merits.

On the face of it, we feel that impugned order was passed in absence of counsel for thepetitioner and no opportunity of hearing was afforded while error committed by Tribunal was also admitted in the order passed on review application. Since Tribunal is also of the view that they had no jurisdiction to review its own order, therefore, review application was not entertained. In our view, it is a fit case to be remanded back.

As a result of above discussion, impugned order passed by Sindh Labour Appellate Tribunal is set aside and matter is remanded back to decide the appeal afresh on merits after affording ample opportunity of hearing to the counsel for the petitioner as well as respondent No.2. Since this is an old matter, we expect that learned Sindh Labour Appellate Tribunal will decide the appeal preferably within a period of 02 months.

Petition alongwith pending application is disposed of.

J U D G E

J U D G E