MUHAMMAD SAFDAR KHAN Versus MANAGER, MUSLIM COMMERCIAL BANK LTD., LAHORE

This is an appeal directed against the decision dated 28‑9‑1986 recorded by the learned Presiding Officer, Punjab Labour Court No. 2, Lahore, whereby the grievance petition has been directed to be returned to the appellant for want of jurisdiction.

2. The learned lower Court relied upon 1985 PLC 1053 for holding that it had no jurisdiction. No doubt, the High Court has held in the said ruling that the Bank employees who are no longer in service ceased to remain covered by the definition of workman gives in section 2(xxviii) of the Industrial Relations Ordinance, 1969 but the said ruling has not gained finality as it stands challenged in various appeals before the Supreme Court. In these circumstances, an unconditional order of return of the grievance petition is not justified.

3. As a result, the appeal is partly accepted and maintaining the order of return of the grievance petition, it is directed that if the Supreme Court holds that the persons who were removed from service and they had brought the grievance petitions are covered by the definition of workman, the appellant will be entitled to get his grievance petition decided on merits from the learned lower Court.

A.E./219/Lb.P

Appeal partly accepted.