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Initializing Secure Chambers
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Initializing Secure Chambers
Citation: 1972 PLC 87
Court: Labour Court
Year: 1971
Decision Date: 1971-06-14
Parties: ABDUL HAMID vs BROOKE BOND (PAKISTAN) LTD., LAHORE
Case cited as 1972 PLC 87
Court Name: Labour Court Judge(s): Muhammad Mushtaq Karimi, Sardar Muhammad Amir Akbar Khan Title: ABDUL HAMID vs BROOKE BOND (PAKISTAN) LTD., LAHORE Case No.: Petition No. 120 of 1971 Date of Judgment:1971-06-14 Reported As: 1972 PLC 87 Result: N/A Judgment ORDER SARDAR MUHAMMAD AMIR AKBAR KHAN (CHAIRMAN).---Abdul Hamid has filed this petition under section 34 of the Industrial Relations Ordinance against the order of his dismissal dated 18-5-71. He challenges the validity of the order on the ground that no permission of the Court was obtained prior to the order of his dismissal which was necessary as an industrial dispute No. 73/1970 was pending between the parties in this Labour Court at the the of his dismissal. This application is challenged by the respondent on the ground that the same is not maintainable as no industrial dispute was pending when the order of dismissal of the petitioner was passed. The contention of the learned Representative of the petitioner is that an application under section 34, Industrial Relations Ordinance which the petitioner had filed was pending which was an industrial dispute between the parties so the permission of the Court was necessary before passing 'an order of dismissal as required under section 47 of the Industrial Relations Ordinance. The contention of the learned Representative for the petitioner cannot be accepted because a petition under section 34 of the Industrial Relations Ordinance, 1969 can never be said to be an…
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