If your employee fails to serve a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer has not had a chance 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 frequently only finished If your employee can show that they'd a good reason for not serving the grievance notice. Within the present case, the parties were allowed to guide evidence plus the petitioner company responded to the allegations as such they were very well conscious 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(Author), 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 a lot 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 any crime, his constitutional and fundamental rights must not be violated. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The legislation enjoins the police to generally be scrupulously fair to the offender and the Magistracy is to guarantee 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 legislation and order situation have been the topic of adverse comments from this Court and also from other courts Nevertheless they have failed to 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 loads 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 to get a crime, his constitutional and fundamental rights must not be violated. However it can be made very clear that police is free to consider action against any person who's indulged in criminal activities subject to regulation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. When the officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-subject duties while in the interim period. Read more
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Obviously distinguished between up-gradation and promotion. Promotion consists of a move to your higher position with increased responsibilities and rank. Upgradation, around the other hand, supplies financial relief by positioning an employee within a higher pay out scale, without transforming their position duties or position. It is a system designed to address the stagnation of employees who have remained during the same pay scale for an extended time, particularly when they absence chances for promotion. Upgradation can be a policy Resource used to reduce the hardship of extensive-term stagnation. Read more
Generally speaking, higher courts do not have direct oversight over the decrease courts of record, in that they cannot get to out on their initiative (sua sponte) at any time to overrule judgments on the decreased courts.
When the state court hearing the case reviews the regulation, he finds that, when it mentions large multi-tenant properties in a few context, it's actually really obscure about whether the 90-day provision applies to all landlords. The judge, based on the specific circumstances of Stacy’s case, decides that all landlords are held towards the ninety-day notice necessity, and rules in Stacy’s favor.
11 . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is actually a free and democratic nation, and once a person becomes a major she or he can marry whosoever he/she likes; Should the parents with the boy or Woman do not approve of this sort of inter-caste or interreligious marriage the most they could do if they're able to Minimize off social relations with the son or the daughter, Nevertheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this kind of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female who's major undergoes inter-caste or inter-religious marriage with a woman or male that's a major, the couple is neither harassed by any one nor subjected to threats or acts of violence and anyone who provides these types of threats or harasses or commits acts of violence either himself or at his instigation, is taken to process by instituting criminal proceedings by the police against this sort of persons and further stern action is taken against these person(s) as provided by law.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to your main case, It is usually a well-established proposition of regulation 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 succeed in a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence within 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 on the charge, however, that is subject matter to the procedure provided under the relevant rules and never otherwise, to 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 within the evidence.
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Concerning the second issue of non-service of grievance notice. Under Section 33 with the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice isn't served, the grievance petition could be dismissed. This is because service of your grievance notice is actually a mandatory necessity and also a precondition for filing a grievance petition. The regulation involves that a grievance notice be served about the employer before filing a grievance petition. This allows the employer to respond to the grievance and attempt to resolve it amicably. When the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) if the organization is transprovincial.
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In 1997, the boy was placed into the home of John and Jane Roe for a foster child. Even though the few had two young children of their possess at home, the social worker did not convey to them about the boy’s history of both being abused, and abusing other children. When she made her report into the court the following day, the worker reported the boy’s placement inside the Roe’s home, but didn’t mention that the couple had youthful children.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is actually very well proven now that the provision for proforma promotion isn't alien or unfamiliar into the civil servant service composition but it's already embedded in Fundamental Rule seventeen, wherein it truly is lucidly enumerated that the appointing authority could if satisfied that a civil servant who was entitled to become promoted from a particular date was, for no fault of his possess, wrongfully prevented from rendering service to the Federation/ province while in the more info higher post, direct that this sort of civil servant shall be paid the arrears of pay and allowances of these kinds of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
The discovered Tribunal shall decide the case on merits, without being influenced by the findings from the Impugned order, after recording of evidence from the respective parties. Read more