In the event the employee fails to serve a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer hasn't had a possibility to answer the grievance and attempt to resolve it. In a few cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is usually only finished Should the employee can show that they'd a good reason for not serving the grievance notice. Inside the present case, the parties were allowed to steer evidence and also the petitioner company responded on the allegations as such they were perfectly mindful of the allegations and led the evidence as such this point is ofno use to be looked 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

In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution can be justified when The essential norm underlying a Constitution disappears along with a new system is place in its place.

fourteen. Within the light of the position explained over, it is concluded that a civil servant features a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be considered for no fault of his own and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the length of service or from 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(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp

If your employee fails to provide a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer has not experienced an opportunity to reply to the grievance and attempt to resolve it. In certain cases, the NIRC may perhaps allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is usually only carried out When the employee can show that that they had a good reason for not serving the grievance notice. Inside the present case, the parties were allowed to lead evidence and also the petitioner company responded towards the allegations as a result they were effectively conscious of the allegations and led the evidence as such this point is ofno use to become looked into in constitutional jurisdiction at this stage. Read more

13. The Supreme Court has held that the moment the act of misconduct is recognized and the employee is found guilty after because of process of regulation, it is the prerogative of the employer to decide the quantum of punishment, out of the varied penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed will not be proportionate with the seriousness on the act of misconduct is not really suitable but the order must show that the competent authority has applied its mind and exercised the discretion in a very structured and lawful method. Read more

a hundred forty five . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 from the Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.

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 in a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically bring on exoneration from departmental charges based within the same factual grounds. Whilst a writ under Article 199 is on the market in specific limited situations, here it can be 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-analyze witnesses and present his/her defense but didn't convince the department of his/her innocence.

168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Matter: Appeal At times it is actually convenient for the Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to help make an attempt to dispose of a case on merit and more importantly when after recording of evidence it has attained to the stage of final arguments, endeavors should be made for merit disposal when it's achieved such stage. Read more

Some bodies are provided statutory powers to issue direction with persuasive authority or similar statutory effect, including the Highway Code.

The law of necessity recognized and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it absolutely was the illegal action called legislation of necessity..

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If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent as well as case under appeal, Probably overruling the previous case regulation by setting a whole new precedent of higher authority. This could happen several times given that the case works its way through successive appeals. Lord Denning, first on the High Court of Justice, later of the Court of Appeal, provided a famous example of this evolutionary process in his advancement from the concept of estoppel starting inside the High Trees case.

refers to law that comes from decisions made by judges in previous cases. Case law, also known as “common law,” and “case precedent,” offers a common contextual background for certain legal concepts, And the way They may be applied in certain types of case.