under the present. Ordinance as under the old. 12. Mr. Pal relied on Adnan Afaal v. Capt. Sher Afzal — 1969 PLD 187

Citation: 1969 PLD 187

Court: Industrial Appellate Tribunal

Year: 1970

Decision Date: 1970-05-12

Parties: COLONY TEXTILE MILLS LIMITED, LAHORE vs ZUHAIR SIDDIQUI AND 4 OTHERS

Headnotes

in support of his contention that the general principle with regard to the interpretation of statutes is that if the provision-in question relates to procedure only the provision would be retrospective. On the other hang, it is submitted if it be more than a matter of procedure, if it touches a right in existence at the passing of the Act, then in accordance with a long line of authorities the legislation would not operate retrospectively, unless the Legislature had either by express enactment or by necessary intendment given the legislation retroactive effect.

Judgment Text

Court Name: Industrial Appellate Tribunal Judge(s): Inamullah Khan Title: COLONY TEXTILE MILLS LIMITED, LAHORE vs ZUHAIR SIDDIQUI AND 4 OTHERS Case No.:Appeals Nos. LHR-108, 122, 123 of 1970 Appeal No. LHR-108 of 1970 Appeal No. LHR-108 of 1970 Appeal No. LHR-122 of 1970 Appeal No. LHR-123 of 1970 Date of Judgment:1970-05-12 Reported As: 1970 PLC 489 Result: rules made Judgment ORDER I propose to dispose of these three appeals by a common order, as the point for determination in all these appeals is common. The three appeals arise out of industrial disputes that were filed long before the coming into force of the Industrial Relations Ordinance, 1969 (hereinafter called. the Ordinance). In Appeal No. LHR-108 of 1970, the industrial dispute was filed before the Court in 1963, while the industrial disputes giving rise to Appeals Nos. LHR-122 of 1970, and LHR-123 of 1970, came before the Court for determination early in 1969. The Ordinance of 1969 came into operation from 13th November 1969. A preliminary objection was taken before the learned Labour Court in all these three industrial disputes, giving rise to the present appeals, that the proceedings in the industrial disputes pending before the Court could not continue, as the West Pakistan Industrial Disputes Ordinance, 1968 (hereinafter called the repealed Ordinance), had been repealed by section 67 of the Ordinance. The learned Labour Court came to the conclusion that the right of the parties to have their disputes…

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