In the event the employee fails to provide a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer hasn't experienced an opportunity to reply to the grievance and attempt to resolve it. In certain cases, the NIRC may allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this will likely be only performed Should the employee can show that that they had a good reason for not serving the grievance notice. From the present case, the parties were allowed to steer evidence and the petitioner company responded towards the allegations as a result they were nicely aware about the allegations and led the evidence as a result this point is ofno use for being seemed into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 204 Order Date: 04-FEB-25 Approved for Reporting WhatsApp
A reduced court may not rule against a binding precedent, although it feels that it can be unjust; it may only express the hope that a higher court or maybe the legislature will reform the rule in question. If the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and needs to evade it and help the law evolve, it may either hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts on the cases; some jurisdictions allow for any judge to recommend that an appeal be completed.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The regulation enjoins the police to be scrupulously fair for the offender and also the Magistracy is to guarantee a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the legislation and order situation have been the topic of adverse comments from this Court in addition to from other courts but they have did not have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court.
In the event the employee fails to provide a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer hasn't experienced a possibility to reply to the grievance and attempt to resolve it. In some cases, the NIRC might allow the employee to amend the grievance petilion to include the grievance notice. However, this is often only performed In the event the employee can show that they had a good reason for not serving the grievance notice. Inside the present case, the parties were allowed to guide evidence and the petitioner company responded to the allegations as such they were well aware of the allegations and led the evidence therefore this point is ofno use to be seemed into in constitutional jurisdiction at this stage. Read more
This is because transfer orders are typically regarded within the administrative discretion from the employer. However, there might be exceptions in cases where the transfer is inspired by malice, personal vendetta, or discrimination against the employee, They might have grounds to challenge before the suitable forum. Read more
The proposal seems to be reasonable and acceded to. Inside the meantime police shall remain neutral from the private dispute between the parties, however, if any on the individuals is indulged in criminal exercise the police shall acquire prompt action against them under law. five. The moment petition is disposed of in the above mentioned terms. Read more
Apart from the rules of procedure for precedent, the burden supplied to any reported judgment could rely on the reputation of both the reporter and the judges.[seven]
We've been an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of legislation also to protect the rights and liberties guaranteed by the Constitution and laws with the United States and this State.
10. Without touching the merits on the case with the issue of once-a-year increases from the pensionary emoluments with the petitioner, in terms of policy decision with the provincial government, this kind of yearly increase, if permissible during the case of employees of KMC, demands further assessment to generally be made through the court of plenary jurisdiction. KMC's reluctance on account of funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to pursue other legal avenues. Read more
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Touching on the second issue of non-service of grievance notice. Under Section 33 of your Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not really served, the grievance petition might be dismissed. This is because service of the grievance notice is actually a mandatory prerequisite as well as a precondition for filing a grievance petition. The regulation involves that a grievance notice be served around the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. Should the employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) If your organization is transprovincial.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative with the regulation laid down via the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority with the parent department from the petitioner plus the Chief Secretary, Sindh, are liable to release the pensionary amount from the petitioner and pay back the pension amount and other ancillary benefits on the petitioner to which He's entitled under the regulation more info within two months from the date of receipt of this order. The competent authority of the respondent is also directed to recalculate the pensionary benefits of the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
These lists are sorted chronologically by Chief Justice and involve all notable cases decided from the court. Articles exist for almost all cases.
seventeen . Const. P. five/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI 46 I have listened to the learned counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments since the issues on the matter between the parties pending adjudication before the concerned court with regard towards the interim relief application in terms of Section 7(one) with the Illegal Dispossession Act 2005 to hand over possession of the subjected premises into the petitioner; that Illegal Dispossession Case needs to get decided through the competent court after hearing the parties if pending because the petitioner has already sought a similar prayer within the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has got to see this factor for interim custody of the subject premises When the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order. Read more
Rulings by courts of “lateral jurisdiction” are certainly not binding, but could be used as persuasive authority, which is to provide substance on the party’s argument, or to guide the present court.
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