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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: COLLECTIVE BARGAINING AGENT (LABOUR UNION) through General Secretary VS Respondent: GOVERNMENT OF SINDH through Secretary, Housing and Town Planning Department and 2 others
Court Name: Sindh High Court Judge(s): Sarmad Jalal Osmany, Muhammad Mujeebullah Siddiqui Title:COLLECTIVE BARGAINING AGENT (LABOUR UNION) through General Secretary
vs GOVERNMENT OF SINDH through Secretary, Housing and Town Planning Department and 2 others Case No.: Constitutional Petition No.D-1083 of 2002 Date of Judgment:- Reported As: 2006 CLC 257 Result: Application dismissed. Judgment ORDER Mr. Manzoor Ahmed says that City District Government has reviewed the matter thoroughly, and also heard the petitioners and according to them, nothing is payable to the latter. He, therefore, prays that this -application be disposed of accordingly. In this respect, Mr. Rizwan Ahmed Siddiqui, learned counsel for the petitioner says that vide order, dated 26-4-2004, it has been ordered that only those benefits be paid, which are permissible under the law and as per the rules of City District Government. It is further mentioned that the dues payable shall be scrutinized after checking the law governing the transfer of K.D.A. to the City Government but there is nothing on the record to reflect this position. According to learned counsel for the petitioners, the statement dated 5-5-2004 would justify that the petitioners dues have not been paid. The controversy whether petitioners dues have been paid or not, cannot be decided through this contempt application, as it raises disputed questions of facts, since on the one hand, the learned counsel for the petitioners insists that the dues have not been paid in accordance with law and Mr. Manzoor Ahmed, learned counsel for the City District Government says that this has so been done. Therefore, we would dismiss this application with the direction to the petitioners to resort to any other legal remedy available to them for the redress of their grievance.