If your employee fails to provide a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer hasn't experienced a chance to reply to the grievance and attempt to resolve it. In a few cases, the NIRC may perhaps allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is generally only accomplished Should the employee can show that that they had a good reason for not serving the grievance notice. In the present case, the parties were allowed to lead evidence along with the petitioner company responded for the allegations as a result they were well conscious of the allegations and led the evidence therefore this point is ofno use to be appeared into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), 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 sufficient remedy is provided by legislation." It can be nicely-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Today tutorial writers in many cases are cited in legal argument and decisions as persuasive authority; usually, They're cited when judges are attempting to put into practice reasoning that other courts have not still adopted, or when the judge believes the tutorial's restatement of your law is more compelling than is usually found in case legislation. Thus common law systems are adopting among the list of approaches extended-held in civil regulation jurisdictions.
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thirteen. The Supreme Court has held that as soon as the act of misconduct is founded as well as employee is found guilty after owing process of legislation, it's the prerogative on the employer to decide the quantum of punishment, from the various penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed isn't proportionate with the seriousness of the act of misconduct is not really enough even so the order must show that the competent authority has applied its mind and exercised the discretion inside of a structured and lawful way. Read more
In order to preserve a uniform enforcement in the laws, the legal system adheres to the doctrine of stare decisis
All executive and judicial authorities throughout Pakistan are obligated to act in support of your Supreme Court, guaranteeing the enforcement of its judgments. Since the Supreme Court would be the final arbitrator of all cases where the decision has become arrived at, the decision of your Supreme Court needs being taken care of as directed in terms of Article 187(two) in the Constitution. Read more
The law as proven in previous court rulings; like common regulation, which springs from judicial decisions and tradition.
Case regulation, also used interchangeably with common legislation, is usually a regulation that is based on precedents, that would be the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of the legal case that have been resolved by courts or similar tribunals.
Article 27 of your Constitution does not only safeguard against discrimination for the time of appointment of service but after the appointment as well. The disparity inside the pay back scale allowances of non cognizable offence case laws Stenographers while in the District Judiciary is from the very clear negation from the regulation laid down from the Supreme Court in its several pronouncements. Read more
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative of the legislation laid down through the Supreme Court within the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Thus, the competent authority of your parent department from the petitioner as well as Chief Secretary, Sindh, are liable to release the pensionary amount in the petitioner and shell out the pension amount and other ancillary benefits for the petitioner to which He's entitled under the legislation within two months from the date of receipt of this order. The competent authority in the respondent is likewise directed to recalculate the pensionary benefits in the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
Any court might find to distinguish the present case from that of a binding precedent, to achieve a different summary. The validity of such a distinction may or may not be accepted on appeal of that judgment to your higher court.
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent as well as case under appeal, Potentially overruling the previous case law by setting a different precedent of higher authority. This may happen several times since the case works its way through successive appeals. Lord Denning, first of your High Court of Justice, later from the Court of Appeal, provided a famous example of this evolutionary process in his development from the concept of estoppel starting during the High Trees case.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming on the main case, it is also a properly-established proposition of law that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence within the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is subject matter into the procedure provided under the relevant rules rather than otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to arrive at its independent findings around the evidence.