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MESSRS SHAFIQ METAL INDUSTRIES vs THE CHAIRMAN, FIRST WEST PAKISTAN — 1970 PLC 419

Citation: 1970 PLC 419

Court: Industrial Appellate Tribunal

Year: 1970

Decision Date: 1970-02-19

Parties: MESSRS SHAFIQ METAL INDUSTRIES vs THE CHAIRMAN, FIRST WEST PAKISTAN

Headnotes

Case cited as 1970 PLC 419

Judgment Text

Court Name: Industrial Appellate Tribunal Judge(s): Inamullah Khan Title: MESSRS SHAFIQ METAL INDUSTRIES vs THE CHAIRMAN, FIRST WEST PAKISTAN Case No.: Appeal No. KAR-8 of 1970 Date of Judgment:1970-02-19 Reported As: 1970 PLC 419 Result: award is modified Judgment ORDER This is an appeal against the award of the First West Pakistan Industrial Court, Karachi, dated 20th December 1969. The respondents, Shafiq Metal Industries Workers' Union, made 7 demands. The Court has dealt with all the 7 demands and given its award. The appellants, Messrs Shafiq Metal Industries, have confined their appeal only to Demands Nos. 3,4, and 5. I propose to dispose of the contentions of the learned Representative for the parties in respect of each demand separately. 2. The contention of Mr. Shaukat Ali A. Nanji, the learned Representative for the appellants, properly analysed is covered by the observation of their Lordships of the Supreme Court of Pakistan in the case of Dalmia Cement Limited, Karachi (1957-58 PLC 666) The relevant portion of the observation appears at page 676. It runs as under- ---As pointed out by my Lord the Chief Justice in the Remington Rand's case an industrial Tribunal adjudicates on rights and liabilities, has most of the indicia of a Court and exercises judicial powers of the State. It is no doubt not strictly bound by the rules of evidence, but -that does not mean that it could act on mere conjecture and its own idea of social justice. In the discharge of its duty…

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