FAISALABAD DEVELOPMENT AUTHORITY, FAISALABAD Versus MUHAMMAD NAWAZ

The appeal captioned above arises from the decision dated 22‑10‑1986 recorded by learned Presiding Officer, Punjab Labour Court No.6, Rawalpindi whereby the grievance petition of the appellant has been returned to him for want of jurisdiction.

2. The learned lower Court has relied upon 1985 P L C 1053 for holding that a person who is removed from service ceases to remain a workman and thus cannot lodge an application under section 25‑A of Industrial Relations Ordinance, 1969. Since every order of the Labour Court and this Tribunal is subject to the writ jurisdiction of Lahore High Court, the learned lower Court has rightly relied upon the ruling mentioned above. However, since the said ruling has not become final as it is stand challenged before the Hon'ble Supreme Court the order of returned of petition should not have been Court unqualified.

3. As a result the impugned order is modified by directing that if the Hon'ble Supreme Court holds that the persons removed from service are covered by the definition of Workman given in section 2(xxviii) of Industrial Relations Ordinance, 1969, the appellant will B be entitled to get his grievance petition decided on merits from the learned lower Court.

A.E. /292/Lb.P

Order accordingly