Syed WASIM HAIDER Versus KARACHI SHIPYARD AND ENGINEERING WORKS LTD.

ORDER

1. Justice (R.) ALI MUHAMMAD BALOCH, MEMBER.--- Appellant along with his counsel Mr. Mohammad Saleem Khan is present. Mr. M. Nishat Warsi, learned counsel for respondent M/s. Karachi Shipyard and Engineering Works Ltd., is also present. This appeal is directed against the order dated 04-12-2012 passed the learned Labour Court dismissing the grievance application on the ground of limitation. The counsel for the respondent filed additional legal objections on application for hearing of the same on the ground that the proceedings against the appellant were initiated under Removal From Service (Special Powers) Ordinance, 2000 (R.S.O.), and the Hon'ble Supreme Court of Pakistan in the judgment reported in 2013 SCMR 1707 has held that the proceedings initiated under R.S.O. or the grievances in respect of R.S.O. can be heard by the High Court under Article 199 of the Constitution in writ jurisdiction. I have heard both the learned counsel and amicably it has been decided that matter be remanded to the Labour Court for fresh decision on legal issues including the issue raised before this Tribunal through additional legal objections on the question of limitation and if the Labour Court arrives to the conclusion that it has the jurisdiction, then the Labour Court may proceed on merits. This appeal is disposed of in above circumstances with no order as to costs and as such the order of the Labour Court is set aside for fresh decision of the Labour Court.

2. HBT/13/SLT Order accordingly.