If the employee fails to provide a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer hasn't had an opportunity to reply to the grievance and attempt to resolve it. In some cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this will likely be only done In case the employee can show that they had a good reason for not serving the grievance notice. In the present case, the parties were allowed to steer evidence plus the petitioner company responded to the allegations therefore they were very well conscious of the allegations and led the evidence as a result this point is ofno use to get seemed into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 204 Order Date: 04-FEB-twenty five Approved for Reporting WhatsApp

How much sway case legislation holds may change by jurisdiction, and by the precise circumstances in the current case. To discover this concept, think about the following case legislation definition.

In that feeling, case law differs from 1 jurisdiction to another. For example, a case in Big apple would not be decided using case regulation from California. Instead, The big apple courts will examine the issue depending on binding precedent . If no previous decisions to the issue exist, The big apple courts may well take a look at precedents from a different jurisdiction, that would be persuasive authority alternatively than binding authority. Other factors such as how outdated the decision is and the closeness for the facts will affect the authority of the specific case in common legislation.

When the employee fails to serve a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer hasn't experienced a chance to respond to the grievance and attempt to resolve it. In some cases, the NIRC may perhaps allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is frequently only performed Should 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 along with the petitioner company responded into the allegations therefore they were very well mindful of the allegations and led the evidence as a result this point is ofno use to become appeared into in constitutional jurisdiction at this stage. Read more

This is because transfer orders are typically thought of within the administrative discretion on the employer. However, there may very well be exceptions in cases where the transfer is determined by malice, personal vendetta, or discrimination against the employee, they may have grounds to challenge before the suitable forum. Read more

However it is actually made apparent that police is free to choose action against any person that is indulged in criminal activities matter to regulation. However no harassment shall be caused on the petitioner, if she acts within the bonds of legislation. Police shall also assure regard of your family lose in accordance with regulation and when they have reasonable ground to prevent the congnizable offence they are able to act, so far as raiding the house is concerned the police shall secure concrete evidence and acquire necessary permission from the concerned high police official/Magistrate for a issue of security with the house is concerned, which is not really public place under the Act 1977. 9. Thinking about the aforementioned details, the objective of filing this petition continues to be achieved. For that reason, this petition is hereby disposed of in the terms stated earlier mentioned. Read more

All executive and judicial authorities throughout Pakistan are obligated to act in assist on the Supreme Court, guaranteeing the enforcement of its judgments. Because the Supreme Court is definitely the final arbitrator of all cases where the decision is reached, the decision on the Supreme Court needs for being taken care of as directed in terms of Article 187(2) from the Constitution. Read more

Because of this, simply citing the case is more prone to annoy a judge than help the party’s case. Consider it as calling an individual to inform them you’ve found their lost phone, then telling them you live in such-and-these neighborhood, without actually supplying them an address. Driving round the neighborhood trying to find their phone is probably going being more frustrating than it’s truly worth.

Case regulation, also used interchangeably with common regulation, is usually a regulation that is based on precedents, that is the judicial decisions from previous cases, alternatively than regulation based on constitutions, statutes, or regulations. Case regulation uses the detailed facts of the legal case that have been resolved by courts or similar tribunals.

Article 27 with the Constitution does not only safeguard against discrimination within the time of appointment of service but after the appointment also. The disparity during the spend scale allowances of Stenographers in the District Judiciary is within the obvious negation with the regulation laid down via the Supreme Court in its different 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 from the regulation laid down because of the Supreme Court during the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. So, the competent authority of the parent department in the petitioner as well as the Chief Secretary, Sindh, are liable to release the pensionary amount of the petitioner and pay back the pension amount and other ancillary benefits on the petitioner to which He's entitled under the legislation within two months from the date of receipt of this order. The competent authority of your respondent is usually 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

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8. For your reasons stated over, this court finds the petition to get without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend while in the comments, and their request is So acceded to. All pending applications, if any, can also be dismissed. Read more

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, Additionally it is a well-recognized proposition of regulation that when an click here 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 achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence while in the Stricto-Sensu, apply 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 the charge, however, that is topic towards the procedure provided under the relevant rules rather than otherwise, with 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 to the evidence.