Should the employee fails to serve a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer hasn't had an opportunity to respond to the grievance and attempt to resolve it. In certain cases, the NIRC may possibly allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is often only carried out if the employee can show that that they had a good reason for not serving the grievance notice. While in the present case, the parties were allowed to guide evidence as well as petitioner company responded for the allegations as such they were very well mindful of the allegations and led the evidence as such this point is ofno use to be seemed 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-25 Approved for Reporting WhatsApp
The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The loads of this power casts an obligation around the police and it must bear in mind, as held by this Court that if a person is arrested for a crime, his constitutional and fundamental rights must not be violated. Read more
As being the Supreme Court would be the final arbitrator of all cases where the decision has become arrived at, therefore the decision of your Supreme Court needs for being taken care of as directed in terms of Article 187(two) on the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Should the employee fails to serve a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer has not had a possibility to reply to the grievance and attempt to resolve it. In certain cases, the NIRC may well allow the employee to amend the grievance petilion to include the grievance notice. However, this is generally only completed When the employee can show that that they had a good reason for not serving the grievance notice. From the present case, the parties were allowed to guide evidence plus the petitioner company responded to your allegations as a result they were properly aware about the allegations and led the evidence therefore this point is ofno use to get looked into in constitutional jurisdiction at this stage. Read more
thirteen. The Supreme Court has held that the moment the act of misconduct is established as well as employee is found guilty after because of process of regulation, it is the prerogative of the employer to decide the quantum of punishment, from the varied penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed is just not proportionate with the seriousness in the act of misconduct is not adequate however the order must show that the competent authority has applied its mind and exercised the discretion inside of a structured and lawful method. Read more
As being the Supreme Court could be the final arbitrator of all cases where the decision has actually been achieved, therefore the decision on the Supreme Court needs for being taken care of as directed in terms of Article 187(2) of your Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. 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 lead to exoneration from departmental charges based about the same factual grounds. While a writ under Article 199 is obtainable in specific limited situations, it is actually generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-take a look at witnesses and present his/her defense but didn't influence the department of click here his/her innocence.
In federal or multi-jurisdictional legislation systems there may well exist conflicts between the varied decreased appellate courts. Sometimes these differences will not be resolved, and it might be necessary to distinguish how the legislation is applied in one district, province, division or appellate department.
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling over the same style of case.
twelve. There is no denial from the fact that in Government service it is predicted that the persons getting their character above board, free from any moral stigma, are to get inducted. Verification of character and antecedents is often a condition precedent for appointment to a Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to the Government service would be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to do away with the candidature of your petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 185 Order Date: 15-JAN-twenty five Approved for Reporting WhatsApp
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252210 Tag:The legislation enjoins the police for being scrupulously fair for the offender and the Magistracy is to make sure 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 regulation and order situation have been the subject of adverse comments from this Court and from other courts However they have didn't have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The a lot of this power casts an obligation within the police and it must bear in mind, as held by this Court that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated.
Statutory laws are Individuals created by legislative bodies, which include Congress at both the federal and state levels. Even though this type of regulation strives to condition our society, supplying rules and guidelines, it would be unachievable for any legislative body to anticipate all situations and legal issues.
Because of their position between The 2 main systems of legislation, these types of legal systems are sometimes referred to as blended systems of law.
Therefore, this petition is found to be not maintainable and is also dismissed along with the pending application(s), and the petitioners could seek remedies through the civil court process as discussed supra. Read more