ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
C.P.No.D-3983 of 2012
___________________________________________________________
Order with signature of Judge
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.
J U D G E
J U D G E