ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.No.D-3983 of 2012

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Order with signature of Judge

 

  1. For Katcha Peshi
  2. For hearing of CMA No.41354/12 (u/o 39)

 

07.04.2014

 

Mr.Javed Asghar Awan, advocate for petitioner

Mr.Tariq Khan Niazi, advocate for respondent No.1

………

            Brief facts of the case are that respondent No.1 filed Grievance Petition No.43/2011 in the 1st Sindh Labour Court at Karachi and he further moved an interlocutory application under section 53(2) of IRA 2010 for summoning record of Post Master General, Gulshan-e-Iqbal, Karachi. This application was heard and dismissed with the direction to the parties to advance their final arguments. Order was challenged by respondent No.1 before Sindh Labour Appellate Tribunal in Revision Application No.55/2011 and learned Tribunal disposed of revision application on 12.09.2012 with the following observations:-

“As because, documents on record, its service has not been denied, but its legality has been disputed, whether it is a valid grievance notice under Section 41 of IRA or not, is a question to be resolved through legal discussions during arguments”.

 

            Employer MCB has challenged this order through this constitution petition on various grounds including that on one hand, learned Tribunal without giving any relief to respondent No.1 left the matter for decision of Labour Court and parties were directed to advance their argument, but on the other hand, Sindh Labour Appellate Tribunal has touched merits of the case which amounts to preempt or prejudice case of parties on merits before Sindh Labour Court. After arguing the matter at some length, both learned counsel agreed that this petition may be disposed of at Katcha Peshi stage and Sindh Labour Court may be directed to decide the case on merits as according to them, the case before Sindh Labour Court is fixed only for arguments.

            As a result of above discussion and by consent, this petition is disposed of with the directions to Sindh Labour Court to decide Grievance Petition No.43/2011 within a period of two months. It is clarified that while

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deciding Grievance Petition, Sindh Labour Court shall not be prejudiced or influenced by the order passed by the Sindh Labour Appellate Tribunal in Revision Application No.55/2011 and will decide the case with an independent application of mind.

       

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