FARAZ AHMED vs FEDERATION OF PAKISTAN through Secretary, Ministry of Communication, Government of Pakistan, Islamabad S — 2022 PLC 198 SUPREME-COURT

Case information

Citation: 2022 PLC 198 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: PLC
Parties: FARAZ AHMED vs FEDERATION OF PAKISTAN through Secretary, Ministry of Communication, Government of Pakistan, Islamabad S
Subject matter: Constitutional
Provisions referred to: S. 46---C; Industrial Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

FARAZ AHMED VS FEDERATION OF PAKISTAN through Secretary, Ministry of Communication, Government of Pakistan, Islamabad S.46---Constitution of Pakistan, Art. 199---Constitutional petition filed before the High Court for implementation/execution of judgment of the Labour Court---Maintainability---No provision was available under Article 199 of the Constitution whereby the execution or implementation of Judgment passed by the subordinate Courts may be implemented by the High Court---Grievance petition in the Labour Court was filed under section 46 of the erstwhile Industrial Ordinance 2002 which dealt with the procedure and mechanism for redressing individual grievances---Under subsection (6) of section 46, the Labour Court had jurisdiction to prosecute any person against which decision or order is passed but who had not complied with the same within one month, or within the period specified in such order---If the petitioner was of the view that the directions contained in the Labour Court judgment were not complied with or directions were violated, then obviously the proper course was to approach Labour Court for recourse rather than the High Court---Alternatively, if the petitioner was aggrieved that the relief given to him in the judgment was wrongly withheld by the Labour Court, then he could have filed an appeal before the Labour Appellate Tribunal---Petition for leave to appeal was dismissed and leave was refused.

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