Should the employee fails to serve a grievance notice, the NIRC could dismiss the grievance petition. This is because the employer hasn't had a possibility to respond to the grievance and attempt to resolve it. In a few cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this will likely be only completed If your employee can show 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 on the allegations therefore they were well conscious of the allegations and led the evidence as such 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
It's also important to note that granting of seniority to a civil servant without the actual duration of service virtually violates the entire service composition for a civil servant inducted in Quality seventeen by claiming these benefit without any experience be directly posted in any higher grade, which is neither the intention from the legislation nor on the equity. Read more
However, decisions rendered from the Supreme Court on the United States are binding on all federal courts, and on state courts regarding issues of the Constitution and federal legislation.
The ruling of the first court created case law that must be accompanied by other courts till or Except if either new law is created, or even a higher court rules differently.
Therefore, the petition and any related applications are dismissed. The Petitioner should pursue his remedy through an appeal before the competent authority. If these an appeal has not however been decided, it should be addressed. Following that decision, the Petitioner might then seek further recourse before the Service Tribunal. Read more
one hundred forty five . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 from the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
Within the United States, courts exist on both the federal and state levels. The United States Supreme Court may be the highest court inside the United States. Reduced courts about the federal level involve the U.S. Courts of Appeals, U.S. District Courts, the U.S. Court of Claims, as well as U.S. Court of International Trade and U.S. Bankruptcy Courts. Federal courts hear cases involving matters related to the United States Constitution, other federal laws and regulations, and certain matters that involve parties from different states or countries and large sums of money in dispute. Just about every state has its individual judicial system that involves trial and appellate courts. The highest court in Every single state is frequently referred to given that the “supreme” court, Whilst there are a few exceptions to this rule, for example, the The big apple Court of Appeals or even the Maryland Court of Appeals. State courts generally hear cases involving state constitutional matters, state regulation and regulations, While state courts could also generally listen to cases involving federal laws.
Amir Abdul Majid, 2021 SCMR 420. twelve. There is no denial from the fact that in Government service it is predicted that the persons having their character above board, free from any moral stigma, are being inducted. Verification of character and antecedents is often 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 into a Government service will 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 absent with the candidature in the petitioner. Read more
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming into the main case, it is also a well-proven 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 succeed in a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence within the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is issue on the procedure provided under the relevant rules and not otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to arrive at its independent findings over the evidence.
Article 199 from the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by legislation." It can be well-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
The Cornell Law School website offers many different information on legal topics, like citation of case regulation, and even presents a video tutorial on case citation.
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Where there are several members of a court deciding a case, there may be a person or more judgments supplied (or reported). Only the reason for your decision with the majority can represent a binding precedent, but all can be cited as persuasive, or their reasoning could possibly be adopted within an argument.
Therefore, this petition is found to be not maintainable and is dismissed along with the pending application(s), click here as well as the petitioners may possibly seek out remedies through the civil court process as discussed supra. Read more