MUZAFFAR IQBAL MIR Versus MUSLIM COMMERCIAL BANK LTD., KARACHI Muhammad Akram Niazi , Irshad Ali Mian

The appeals captioned above arise from the decision dated 21‑5‑198t? recorded by the learned Presiding Officer, Punjab, Labour Court No.7, Gujranwala, whereby the grievance petitions of the appellants were returned for want of jurisdiction relying upon 1985 PLC 1053. Since common question of law is involved in all the appeals and the grievance petitions were disposed of by a single order, all the appeals are being disposed of together through this single judgment.

2. The Lahore High Court has in the said ruling held that the persons who have been removed from service ceased to remain covered by the definition of workman given in section 2(xxviii) of the Industrial Relations Ordinance, 1969 and that the rights guaranteed by the Wage Commission Award cannot be made basis for grievance petitions inasmuch as the said award is not an award as defined in section 2(ii) of the Industrial Relations Ordinance, 1969. Since the orders and decisions passed by this Tribunal and Labour Courts are subject to writ jurisdiction of Lahore High Court, the rulings of the said Court are to be followed. But since the abovementioned ruling has not yet attained finality as it stands challenged before the Supreme Court in various appeals, an unconditional order of return of grievance petitions is not proper. If the Supreme Court holds that the Labour Courts have jurisdiction in such matter the appellants shall have no remedy if the present appeals are dismissed and the unconditional order of return of grievance petitions is upheld.

3. As a result of what has been said above, the appeals are partly accepted and modifying the impugned decision of the learned lower Court, it is directed that if the Supreme Court holds that in such cases Labour Courts have jurisdiction, the appellants will be entitled to refile their grievance petitions in the learned lower Court for being decided on merits.

M. Y.H. /208/Lb.P Appeals partly accepted.