When the employee fails to serve a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer hasn't experienced a chance to answer the grievance and attempt to resolve it. In certain cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is often only accomplished if the employee can show that they had a good reason for not serving the grievance notice. From the present case, the parties were allowed to steer evidence and also the petitioner company responded on the allegations therefore they were very well mindful of the allegations and led the evidence as a result this point is ofno use to generally be appeared into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 204 Order Date: 04-FEB-twenty five Approved for Reporting WhatsApp
Article 199 with the Constitution allows High Court intervention only when "no other enough remedy is provided by law." It can be effectively-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
When the DIGP finds evidence of a cognizable offense by possibly party, he shall direct the relevant SHO to record statements and progress according on the regulation. This petition stands disposed of in the above terms. Read more
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary on the determination of your current case are called obiter dicta, which constitute persuasive authority but are usually not technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.[4]
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 on the Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
For the foregoing reasons the instant suit is dismissed with no order concerning cost. Office to prepare decree in the above mentioned terms. Read more
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in the criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically result in exoneration from departmental charges based on the same factual grounds. Though a writ under Article 199 is offered in specific limited click here situations, it truly 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 did not persuade the department of his/her innocence.
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ten. Without touching the merits from the case with the issue of annual increases inside the pensionary emoluments of your petitioner, in terms of policy decision from the provincial government, such annual increase, if permissible inside the case of employees of KMC, involves further assessment being made from the court of plenary jurisdiction. KMC's reluctance as a consequence of funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to go after other legal avenues. Read more
Binding Precedent – A rule or principle proven by a court, which other courts are obligated to comply with.
This page contains slip opinions. Slip opinions are the opinions that are filed about the working day that the appellate court issues its decision and in many cases are not the court's final opinion.
ten. Based around the findings with the inquiry committee, this petition is just not deemed maintainable and is therefore liable being dismissed, which is dismissed accordingly with pending application(s) if any. Read more
eight. With the reasons stated higher than, this court finds the petition to be without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend within the comments, and their request is Hence acceded to. All pending applications, if any, will also be dismissed. Read more
The acquired Tribunal shall decide the case on merits, without being influenced by the findings from the Impugned order, after recording of evidence of your respective parties. Read more