If the employee fails to serve a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer hasn't experienced a chance to reply to the grievance and attempt to resolve it. In certain cases, the NIRC might allow the employee to amend the grievance petilion to include the grievance notice. However, this is frequently only done When the employee can show that that they had a good reason for not serving the grievance notice. Inside the present case, the parties were allowed to guide evidence plus the petitioner company responded towards the allegations as such they were properly conscious of the allegations and led the evidence as a result this point is ofno use to get looked 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
How much sway case law holds may possibly range by jurisdiction, and by the precise circumstances of the current case. To examine this concept, take into account the following case law definition.
However, decisions rendered with the Supreme Court of your United States are binding on all federal courts, and on state courts regarding issues in the Constitution and federal law.
The an abundance of this power casts an obligation to the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated. However it truly is made apparent that police is free to just take action against any person that is indulged in criminal activities subject matter to legislation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. If your officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-industry duties from the interim period. Read more
This is because transfer orders are typically thought of within the administrative discretion on the employer. However, there might be exceptions in cases where the transfer is enthusiastic by malice, personal vendetta, or discrimination against the employee, they may have grounds to challenge before the suitable forum. Read more
Though there is not any prohibition against referring to case law from a state other than the state in which the case is being heard, it holds minimal sway. Still, if there isn't any precedent while in the home state, relevant case legislation from another state could be deemed by the court.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in the criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically result in exoneration from departmental charges based on the same factual grounds. Whilst a writ under Article 199 is available in specific limited situations, it can be generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-study witnesses and present his/her defense but didn't influence the department of his/her innocence.
Amir Abdul Majid, 2021 SCMR 420. twelve. There isn't any denial from the fact that in Government service it is predicted that the persons acquiring their character previously mentioned board, free from any moral stigma, are being inducted. Verification of character and antecedents is usually a condition precedent for appointment into a Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to your Government service would be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to do away with the candidature from the petitioner. Read more
Summaries offer concise insights into the legal principles governing agreements between parties, such as the formation, interpretation, and enforceability of contracts, delivering a valuable resource for understanding contractual rights and obligations.
Article 27 of the Constitution does not only safeguard against discrimination at the time of appointment of service but after the appointment too. The disparity within the shell out scale allowances of Stenographers in the District Judiciary is inside the crystal clear negation of the legislation laid down via the Supreme Court in its numerous pronouncements. Read more
Under Article 199, the court possesses the authority to review government insurance policies for reasonableness if applicable in respondent university and to safeguard aggrieved parties' rights. Consequently, this petition is admissible based on proven court precedents, as well as the respondents' objections are overruled. Read more
The appellate court determined that the trial court had not erred in its decision to allow more time for information to be gathered by the parties – specifically regarding the issue of absolute immunity.
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is usually important to note that neither seniority nor promotion would be the vested right of a civil servant, therefore, neither any seniority nor any promotion can be claimed or granted without the actual size of service on account of vested rights. here The purpose of prescribing a particular duration of service for turning out to be entitled to become regarded for promotion to the higher grade, of course, is not without logic since the officer who is to begin with inducted into a particular post needs to provide within the claimed post to gain experience to hold the next higher post and to provide the public inside a befitting way.
Therefore, this petition is found to be not maintainable and it is dismissed along with the pending application(s), plus the petitioners may perhaps look for remedies through the civil court process as discussed supra. Read more