TAIMOOR ALI vs CONTINENTAL BISCUITS LTD — 2024 PLC 287 KARACHI-HIGH-COURT-SINDH

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

TAIMOOR ALI VS CONTINENTAL BISCUITS LTD. Ss.2(xxxii), 33, 54(a) & 57(2)(b)---Individual grievance of a worker, who has been terminated, removed, retrenched, discharged, or dismissed from employment in a trans-provincial establishment---Redressal---Competent forum---Non-compliance of obligation to approach the appropriate forum---Effect---Grievance notice served by the petitioner upon the respondent-establishment against his verbal termination remained unattended---Grievance petition was dismissed and upon preferring an appeal the matter was disposed of while returning the grievance application to the petitioner to present it before NIRC for the reason that respondent-establishment was a Trans-Provincial establishment---Legality---Under S.57(2)(b) of IRA, 2012, the Commission has been empowered to withdraw from a Labour Court of a Province any applications, proceedings or appeals relating to unfair labour practice, which fall within its jurisdiction---Proviso has been added to the above provision, to the effect that "no Court, including Labour Court, shall take any action or entertain any application or proceedings in respect of a case of unfair labour practice"---Besides, IRA, 2012 does not provide such directions that cases are to be transferred automatically---Petitioner ought to have been vigilant as it is settled law that ignorance of the law is no excuse, and as the petitioner was well aware of the factum that respondent-establishment was a Trans-Provincial Establishment and grievance application was to be filed before the NIRC and not Sindh Labour Court and/or Sindh Labour Appellate Tribunal---Law favours the vigilant and not the indolent, as such, the proceedings initiated by the Sindh Labour Court were rightly set at naught by the Sindh Labour Appellate Tribunal and the grievance application was returned to the petitioner to approach NIRC---Constitution petition was disposed of, in circumstances.

TAIMOOR ALI vs CONTINENTAL BISCUITS LTD — 2024 PLC 287 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2024 PLC