MUHAMMAD ASLAM Versus MUNICIPAL COMMITTEE, DINA

This is an appeal challenging the decision dated 22‑3‑1987 recorded by learned Presiding Officer, Punjab Labour Court No.6, Rawalpindi whereby the grievance petition has been returned to the appellant on the ground that since the duties of the appellant were legal Industrial Relations Ordinance, 1969 is not applicable.

2. On behalf of the respondent Mr. Muhammad Azam as Perokar has appeared who has a letter of authority and has produced power of attorney of Ch. Akhtar Hussain, Advocate. The learned counsel has not appeared nor there is any application for adjournment giving any cogent reasons am therefore, not inclined to adjourn the appeal.

3. The perusal of the file shows that in the written statement no objection was raised that the functions of the appellant were regal and Industrial Relations Ordinance was not applicable. None of the parties produced evidence with regard to the duties of the appellant. In the absence of such an objection and evidence, the learned lower Court had no material to come to the conclusion that the Industrial A Relations Ordinance, 1969 was not applicable. In these circumstances there is no other alternative but to set aside the decision and remand the case.

4.Accordingly the appeal is accepted and setting aside the B impugned decision the case is remanded for re‑decision after allowing both the parties to produce evidence on the point whether the function of the appellant was regal or not. If the learned lower Court finds that it has jurisdiction, the case shall be decided on merits.

A.E. /354/Lb.P Appeal accepted.