In case the employee fails to provide a grievance notice, the NIRC might 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 some cases, the NIRC may allow the employee to amend the grievance petilion to include the grievance notice. However, this will likely be only performed If your 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 lead evidence and the petitioner company responded to the allegations therefore they were very well mindful of the allegations and led the evidence as a result this point is ofno use for being 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
It's also important to note that granting of seniority to a civil servant without the actual size of service pretty much violates the complete service structure being a civil servant inducted in Grade 17 by claiming this kind of benefit without any experience be directly posted in almost any higher grade, which is neither the intention of the regulation nor from the equity. Read more
Today academic writers will often be cited in legal argument and decisions as persuasive authority; typically, They're cited when judges are attempting to implement reasoning that other courts have not nonetheless adopted, or when the judge believes the tutorial's restatement of the regulation is more powerful than may be found in case regulation. As a result common law systems are adopting on the list of techniques lengthy-held in civil regulation jurisdictions.
Ordinarily, the burden rests with litigants to appeal rulings (including These in distinct violation of founded case legislation) for the higher courts. If a judge acts against precedent, and also the case is not really appealed, the decision will stand.
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as established forth would not utilize, given that the criminal Court hasn't convicted the petitioner, here alternatively he has long been acquitted of the criminal charges based on evidence and it is effectively-settled legislation that once the civil servant is acquitted inside the criminal case, then on this quite charge he cannot be awarded in almost any punishment via the department and held him disqualified with the post because acquittal for all upcoming purposes. The aforesaid proposition has been set at naught by the Supreme Court of Pakistan in the case of your District Police Officer Mainwali and a couple of others v.
145 . 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 with the Constitution based within 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 inside the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
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Quite a few judgments have affirmed that the mere registration of the crime does not constitute a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in putting the Petitioner's name within the ECL based on the criminal case are inconsistent with recognized legal principles. Therefore, this petition must be allowed Read more
In certain jurisdictions, case legislation can be applied to ongoing adjudication; for example, criminal proceedings or family law.
Binding Precedent – A rule or principle set up by a court, which other courts are obligated to follow.
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 in the law laid down from the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Therefore, the competent authority of your parent department in the petitioner and also the Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and shell out the pension amount and other ancillary benefits to your petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority from the respondent is also directed to recalculate the pensionary benefits of the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
ten. Based within the findings with the inquiry committee, this petition will not be regarded maintainable and is particularly therefore liable being dismissed, which is dismissed accordingly with pending application(s) if any. Read more
Normally, only an appeal accepted from the court of very last vacation resort will resolve such differences and, For lots of reasons, these appeals are sometimes not granted.
These judicial interpretations are distinguished from statutory regulation, which are codes enacted by legislative bodies, and regulatory regulation, which are established by executive companies based on statutes.