In the event the employee fails to provide a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer hasn't experienced a possibility to answer the grievance and attempt to resolve it. In a few cases, the NIRC might allow the employee to amend the grievance petilion to include the grievance notice. However, this is usually only carried out In the event the employee can show that that they had a good reason for not serving the grievance notice. Within the present case, the parties were allowed to lead evidence and also the petitioner company responded into the allegations as such they were properly mindful of the allegations and led the evidence therefore this point is ofno use to be looked 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
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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 be scrupulously fair to your offender along with the Magistracy is to ensure 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 law and order situation have been the topic of adverse comments from this Court along with from other courts However they have didn't 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.
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This Court could interfere where the authority held the proceedings against the delinquent officer inside a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding reached because of the disciplinary authority is based on no evidence. In case the conclusion or finding is for instance no reasonable person would have ever attained, the Court may well interfere with the conclusion or perhaps the finding and mold the relief to really make it suitable on the facts of every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or perhaps the nature of punishment. Over the aforesaid proposition, we're fortified through the decision in the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Because the Supreme Court may be the final arbitrator of all cases where the decision has become arrived at, therefore the decision of the Supreme Court needs to become taken care of as directed in terms of Article 187(2) in the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice from the Peace u/s 22-A is just not obliged to afford an opportunity of hearing for the accused party; nor obliged to always or mechanically issue directions for registration of FIR; but is necessary to look at all relevant factors, with care and caution; to avoid equipment of criminal legislation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are several of the relevant factors. Read more
eleven . 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 a free and democratic region, and once a person becomes a major they can marry whosoever he/she likes; Should the parents from the boy or Female tend not to approve of such inter-caste or interreligious marriage the maximum they can do if they will Reduce off social relations with the son or even the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these kinds of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or girl that is major undergoes inter-caste or inter-religious marriage with a woman or male that is a major, the few is neither harassed by everyone nor subjected to threats or acts of violence and anyone who provides these threats or harasses or commits acts of violence both himself or at his instigation, is taken to process by instituting criminal proceedings because of the police against this kind of persons and further stern action is taken against this kind of person(s) as provided by law.
ten. Without touching the merits from the case of your issue of annual increases within the pensionary emoluments from the petitioner, in terms of policy decision of your provincial government, this kind of annual increase, if permissible in the case of employees of KMC, requires further assessment being made via the court of plenary jurisdiction. KMC's reluctance as a consequence of funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to pursue other legal avenues. Read more
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 Touching on the second issue of non-service of grievance notice. Under Section 33 in the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not served, the grievance petition may be dismissed. This is because service in the grievance notice is really a mandatory necessity and also a precondition for filing a grievance petition. The regulation necessitates that a grievance notice be served within the employer before filing a grievance petition. This allows the employer to reply to website the grievance and attempt to resolve it amicably. If the employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) When the organization is transprovincial.
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance from the respondents that pensionary benefits could be withheld on account from the allegations leveled against the petitioner, inside our view, section 20 of your Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does offer for certain circumstances under which a civil servant's pension may very well be withheld or reduced. These include if a civil servant is found guilty of misconduct or negligence during their service, their pension can be withheld or reduced. If a civil servant is convicted of a serious crime, their pension could possibly be withheld or reduced. In some cases, a civil servant's pension can be withheld or reduced if he/she fails to comply with certain conditions set with the government.
Statutory laws are All those created by legislative bodies, including Congress at both the federal and state levels. While this style of law strives to form our society, offering rules and guidelines, it would be difficult for any legislative body to anticipate all situations and legal issues.
17 . Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI forty six I have listened to the realized counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments as the issues from the matter between the parties pending adjudication before the concerned court with regard to your interim relief application in terms of Section seven(1) in the Illegal Dispossession Act 2005 to hand over possession of the subjected premises on the petitioner; that Illegal Dispossession Case needs to get decided through the competent court after hearing the parties if pending as the petitioner has already sought a similar prayer within the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court should see this factor for interim custody of the topic premises In case the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 to the main case, It is additionally a very well-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 achieve 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 in the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is subject for the procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-recognize the evidence and to arrive at its independent findings around the evidence.