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2014 PLC 416

INDEPENDENT MEDIA CORPORATION (PVT.) LTD. through Chief Operating Officer and 2 others vs SINDH LABOUR APPELLATE TRIBUNAL and another

Petitioner: INDEPENDENT MEDIA CORPORATION (PVT.) LTD. through Chief Operating Officer and 2 others VS Respondent: SINDH LABOUR APPELLATE TRIBUNAL and another

Court: Sindh High Court Decision Date: 2013-11-07

Full Judgment Text & Judicial Ruling

Court Name: Sindh High Court Judge(s): Faisal Arab, Shaukat Ali Memon Title:INDEPENDENT MEDIA CORPORATION (PVT.) LTD. through Chief Operating

Officer and 2 others vs SINDH LABOUR APPELLATE TRIBUNAL and another Case No.:Constitutional Petition No,D-710 of 2012 and M.As. Nos.3893 of 2012 and 11229 of 2013 Date of Judgment:2013-11-07 Reported As: 2014 PLC 416 Result: Order accordingly Judgment ORDER Respondent No,2 who was working initially with Combined Media (Pvt.) Limited claims that he was appointed on 1-1-2001 and thereafter he was treated to be in the employ of Independent Media Corporation (Pvt.) Limited and both companies are part of Jang Group of Companies. This has also come in the cross-examination wherein the respondent No,2 has admitted that his case is against Combined Media Private Limited. Both companies are private limited companies and when the grievance application was filed before the Labour Court none of these companies were made party and only Directors and Managers have been sued. ' We are of the view that respondent No,2 ought to have sued private limited companies as well which are independent juristic entities. Since respondent No,2 is a workman therefore instead of nullifying whole proceedings we while setting aside the judgments of both Courts below direct the respondent No,2 to file amended title impleading .both the companies as party and thereafter fresh notice shall be issued by the Labour Court on their addresses and after the defence that may be set-up by such companies, the Labour Court will dispose of the matter in accordance with law. ' As to service of grievance notice obviously that is usually served on the individual authority and mere not mentioning the name of company would not come in the way of respondent No,2. ' With these directions, this petition stands disposed of.

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