If your employee fails to serve a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer hasn't experienced an opportunity to reply to the grievance and attempt to resolve it. In a few cases, the NIRC could allow the employee to amend the grievance petilion to include the grievance notice. However, this is frequently only accomplished When the employee can show that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to guide evidence as well as the petitioner company responded to your allegations as a result they were well conscious of the allegations and led the evidence as such this point is ofno use being appeared into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 204 Order Date: 04-FEB-25 Approved for Reporting WhatsApp
It is additionally important to note that granting of seniority to a civil servant without the actual size of service pretty much violates the whole service framework for a civil servant inducted in Grade seventeen by claiming this kind of benefit without any experience be directly posted in any higher quality, which is neither the intention of your legislation nor of the equity. Read more
14. While in the light in the position explained higher than, it can be concluded that a civil servant provides a fundamental right being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be viewed as for no fault of his individual and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the duration of service or within the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
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Therefore, this petition is found to become not maintainable which is dismissed along with the pending application(s), and the petitioners may well look for remedies through the civil court process as discussed supra. Read more
Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it calls for legal transfer of title. Agreement to sell must be generated and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted inside of a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically bring about exoneration from departmental charges based to the same factual grounds. Though a writ under Article 199 is on the market in specific limited situations, it is generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-study witnesses and present his/her defense but didn't influence the department of his/her innocence.
A lot of judgments have affirmed that the mere registration of a crime does not represent a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in placing the Petitioner's name about the ECL based around the criminal case are inconsistent with founded legal principles. Consequently, this petition must be allowed Read more
Some bodies are provided statutory powers to issue direction with persuasive authority or similar statutory effect, like the Highway Code.
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Concerning the second issue of non-service of grievance notice. Under Section 33 with the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not really served, the grievance petition can be dismissed. This is because service from the grievance notice is a mandatory requirement along with a precondition for filing a grievance petition. The legislation calls for that a grievance notice be served around the employer before filing a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. If your employer fails to reply case laws on section 47 of cpc or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) Should the organization is transprovincial.
twelve . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police being scrupulously fair towards the offender as well as the Magistracy is to ensure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the law and order situation have been the subject of adverse comments from this Court in addition to from other courts but they have didn't have any corrective effect on it.
The reason for this difference is that these civil law jurisdictions adhere to some tradition that the reader should be capable to deduce the logic from the decision along with the statutes.[4]
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi Additionally it is important to note that neither seniority nor promotion may be the vested right of a civil servant, therefore, neither any seniority nor any promotion could be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular size of service for turning out to be entitled for being considered for promotion to the higher quality, of course, just isn't without logic as the officer that is at first inducted to the particular post needs to serve around the reported post to gain experience to hold the next higher post and also to serve the public in a very befitting way.
These judicial interpretations are distinguished from statutory regulation, which are codes enacted by legislative bodies, and regulatory law, which are recognized by executive companies based on statutes.