Pakistan Case Law
1988 PLC 449

ZAHOOR AHMAD Versus MUSLIM COMMERCIAL BANK LTD., KARACHI

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Citation1988 PLC 449
CourtPunjab Labour Appellate Tribunal
Case No.Appeals Nos.JG‑29 and FD‑45 of 1986
Date1986-05-19
Judge(s)Muhammad Abdul Ghafoor Khan Lodhi, Appellate Tribunal
ResultAppeals dismissed

The two appeals captioned above arise from the decisions dated 14‑12‑1985 recorded by the learned Presiding Officer, Punjab Labour Court No.5, Faisalabad, whereby the grievance petitions of the appellants have been returned for want of jurisdiction relying upon 1985 P L C 1053.

2. The Lahore High Court has in the above cited ruling held that bank employees who have been removed from service ceased to remain workmen and that as the Wage Commission Award is not an award as defined in the Industrial Relations Ordinance, 1969, the Labour Courts have no jurisdiction. Since the orders passed by this tribunal and Labour Courts can be challenged in writ petitions before the Lahore High Court, the rulings of the said Court are to be followed even if the personal view of this tribunal may different. The matter no doubt is subjudice before the Supreme Court but unless the above cited ruling is set aside by the Supreme Court, it remains in the field and is to be followed.

3. As a result of what has been said above, the appeals are dismissed but it is directed that if the Supreme Court finds that the Labour Courts have jurisdiction, the appellants would be entitled to get their petitions decided from the learned lower Court on merits.

A.E./l07!Lb.S Appeals dismissed.

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