NISAR AHMAD vs GENERAL MANAGER, TELEPHONE INDUSTRIES OF PAKISTAN, — 1970 PLC 222

Citation: 1970 PLC 222

Court: Industrial Court

Year: 1969

Decision Date: 1969-11-24

Parties: NISAR AHMAD vs GENERAL MANAGER, TELEPHONE INDUSTRIES OF PAKISTAN, HARIPUR/HAZARA

Headnotes

Case cited as 1970 PLC 222

Judgment Text

Court Name: Industrial Court Judge(s): Muhammad Jamil Asghar, Ch. Khurshid Ahmad, Ch. Muhammad Ishaq Title:NISAR AHMAD vs GENERAL MANAGER, TELEPHONE INDUSTRIES OF PAKISTAN, HARIPUR/HAZARA Case No.: Date of Judgment:1969-11-24 Reported As: 1970 PLC 222 Result: petition is dismissed Judgment ORDER M. JAMIL ASGHAR (CHAIRMAN).-This is an application under section 38 of the West Pakistan Industrial Disputes Ordinance, 1968, for re-instatement. Under the aforementioned Ordinance if any employer contravenes the provisions of section 37, he could be proceeded against under sections 38 and 35 of the Industrial Disputes Ordinance, 1968. Under the new Ordinance, i.e. the Industrial Relations Ordinance, 1969, the corresponding provision of section 37 of the old Ordinance, is provided in section 47. If there is any breach of section 47JA the only remedy under the new Ordinance is under section 60, which is a criminal liability. There is no corresponding pro--vision of section 38 of the old Ordinance in the new Ordinance. Now the point which requires determination is as to whether present proceedings under section 38 can proceed. Section 67(2)(6) in the new Ordinance reads as follows :- "Anything done, rules made, notification or order issued, officer appointed. Court constituted, notice given, proceedings commenced or other actions taken under any law shall be deemed to have been done, made, issued, appointed, constitute J, given, commenced or taken, as the case may, under the…

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