If your employee fails to provide a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer hasn't had an opportunity to answer the grievance and attempt to resolve it. In certain cases, the NIRC may allow the employee to amend the grievance petilion to include the grievance notice. However, this is normally only accomplished If your employee can show that that they had a good reason for not serving the grievance notice. In the present case, the parties were allowed to lead evidence and also the petitioner company responded to your allegations as such they were properly aware about the allegations and led the evidence as a result this point is ofno use for being looked 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
Some pluralist systems, including Scots law in Scotland and types of civil legislation jurisdictions in Quebec and Louisiana, do not exactly match into the dual common-civil law system classifications. These types of systems may perhaps have been closely influenced because of the Anglo-American common law tradition; however, their substantive legislation is firmly rooted from the civil regulation tradition.
Because the Supreme Court may be the final arbitrator of all cases where the decision has actually been reached, therefore the decision of your Supreme Court needs for being taken care of as directed in terms of Article 187(2) of the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Persuasive Authority – Prior court rulings that can be consulted in deciding a current case. It might be used to guide the court, but is just not binding precedent.
Consequently, the petition and any related applications are dismissed. The Petitioner needs to go after his remedy through an appeal before the competent authority. If such an appeal hasn't however been decided, it should be addressed. Following that decision, the Petitioner may then request further recourse before the Service Tribunal. Read more
Though there is not any prohibition against referring to case regulation from a state other than the state in which the case is being listened to, it holds tiny sway. Still, if there isn't any precedent within the home state, relevant case regulation from another state could possibly be regarded as by the court.
When the state court hearing the case reviews the regulation, he finds that, although it mentions large multi-tenant properties in some context, it really is actually rather vague about whether the 90-day provision relates to all landlords. The judge, based on the specific circumstances of Stacy’s case, decides that all landlords are held to your 90-working day notice necessity, and rules in Stacy’s favor.
The legislation as set up in previous court rulings; like common regulation, which springs from judicial decisions and tradition.
ten. Without touching the merits with the case on the issue of yearly increases during the pensionary emoluments of your petitioner, in terms of policy decision on the provincial government, such once-a-year increase, if permissible from the case of employees of KMC, demands further assessment for being made by the court of plenary jurisdiction. KMC's reluctance due to funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to go after other legal avenues. Read more
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182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance on the respondents that pensionary benefits could be withheld on account of the allegations leveled against the petitioner, within our view, section twenty on the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does provide for certain circumstances under which a civil servant's pension can be withheld or reduced. These contain if a civil servant is found guilty here of misconduct or negligence during their service, their pension may be withheld or reduced. If a civil servant is convicted of a significant crime, their pension could be withheld or reduced. In a few cases, a civil servant's pension could possibly be withheld or reduced if he/she fails to comply with certain conditions set via the government.
The reason for this difference is that these civil legislation jurisdictions adhere to a tradition that the reader should be able to deduce the logic from the decision plus the statutes.[four]
Commonly, only an appeal accepted through the court of final vacation resort will resolve such differences and, for many reasons, these kinds of appeals are sometimes not granted.
Therefore, this petition is found to become not maintainable and is also dismissed along with the pending application(s), as well as petitioners could search for remedies through the civil court process as discussed supra. Read more