Mian MANZOOR AHMAD Versus UNITED BANK LTD. KARACHI

The four appeals captioned above arise from the decisions dated 6‑3‑1986 recorded by the learned Presiding Officer, Punjab Labour Court No.l, Lahore, whereby the grievance petitions of the appellants were directed to be returned to them for presentation to the proper forum.

2. On the allegations of misconduct the appellants were dismissed from service. The learned lower Court has, relying upon 1985 P L C 1053, held that the Labour Courts have no jurisdiction. The Lahore High Court in the said ruling held that bank employees who have been removed from service cease to remain covered by the definition of workman given in section 2( xxviii ) of the Industrial Relations Ordinance, 1969 and that the Wage Commission Award not being an award as defined in the Industrial Relations Ordinance, 1969, the infringement of any of the, provisions of the said award cannot be challenged in Labour Courts. As the decisions of the Labour Courts and this Tribunal are subject to the writ jurisdiction of Lahore High Court, the dictums laid down by the said Court are to he followed even though the personal views of this Tribunal may be different. The learned lower Court thus rightly returned the grievance petitions to the appellants for presentation to the proper forum.

3. As a result, the appeals are dismissed but it is directed that if the Supreme Court or any other Bench of the Lahore High Court finds that the Labour Courts have jurisdiction, the appellants will be entitled to get their grievance petitions decided on merits by the learned lower Court.

A. E. /111/Lb.S Appeals dismissed