In case the employee fails to provide a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer hasn't had a chance to respond 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. During the present case, the parties were allowed to guide evidence as well as petitioner company responded towards the allegations therefore they were nicely aware about the allegations and led the evidence as such this point is ofno use 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-twenty five Approved for Reporting WhatsApp
A lessen court may not rule against a binding precedent, regardless of whether it feels that it truly is unjust; it might only express the hope that a higher court or perhaps the legislature will reform the rule in question. If the court believes that developments or trends in legal reasoning render the precedent unhelpful, and desires to evade it and help the legislation evolve, it may possibly hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts from the cases; some jurisdictions allow to get a judge to recommend that an appeal be completed.
Stacy, a tenant in a duplex owned by Martin, filed a civil lawsuit against her landlord, claiming he experienced not offered her enough notice before raising her rent, citing a whole new state law that demands a minimum of 90 times’ notice. Martin argues that The brand new law applies only to landlords of large multi-tenant properties.
The ruling on the first court created case legislation that must be followed by other courts till or Except if both new legislation is created, or possibly a higher court rules differently.
Unfortunately, that wasn't true. Just two months after being placed with the Roe family, the Roe’s son advised his parents that the boy had molested him. The boy was arrested two days later, and admitted to owning sexually molested the few’s son several times.
In order to preserve a uniform enforcement on the laws, the legal system adheres towards the doctrine of stare decisis
Apart from the rules of procedure for precedent, the load given to any reported judgment could count on the reputation of both the reporter and also the judges.[7]
The court system is then tasked with interpreting the regulation when it's unclear the way it relates to any presented situation, often rendering judgments based about the intent of lawmakers as well as the circumstances of the case at hand. Such decisions become a guide for foreseeable future similar cases.
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It can be nicely-settled that though taking into consideration the case of normal promotion of civil servants, the competent authority must look at the merit of every one of the qualified candidates and after thanks deliberations, to grant promotion to these kinds of eligible candidates who will be found for being most meritorious amongst them. For the reason that petitioner was held to get senior to his colleagues who were promoted in BS-19, the petitioner was dismissed by the respondent department just to extend favor into the blue-eyed candidate based on OPS, which is apathy to the part on the respondent department.
Summaries present an essential glimpse into the intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and policies directed at safeguarding natural resources, mitigating environmental degradation, and combating climate change.
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It truly is properly-settled that the civil servants must first go after internal appeals within 90 times. Should the appeal is not really decided within that timeframe, he/she will be able to then tactic the service tribunal to challenge the initial order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, here as being the ninety times to the department to act has already expired. Within the aforesaid proposition, we have been guided with the decision of your Supreme Court within the case of Dr.
The appellate court determined that the trial court had not erred in its decision to allow more time for information to get gathered with the parties – specifically regarding the issue of absolute immunity.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is properly proven now that the provision for proforma promotion is just not alien or unfamiliar on the civil servant service framework however it is already embedded in Fundamental Rule 17, wherein it truly is lucidly enumerated that the appointing authority may possibly if content that a civil servant who was entitled for being promoted from a particular date was, for no fault of his own, wrongfully prevented from rendering service to the Federation/ province within the higher post, direct that this kind of civil servant shall be paid the arrears of spend and allowances of this sort of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Therefore, this petition is found to be not maintainable and is dismissed along with the pending application(s), as well as the petitioners may possibly search for remedies through the civil court process as discussed supra. Read more