1988 PLC(CS) 662

ZIAUL HAQ Versus PRESIDENT MUSLIM COMMERCIAL BANK Ltd.

Citation1988 PLC(CS) 662

CourtPunjab Labour Appellate Tribunal

Case No.Appeals Nos.OK‑18, 19, 20 of 1987, Punjab

Date1987-03-04

Judge(s)Sardar Muhammad Abdul Ghafoor Khan Lodhi, Appellate Tribunal

ResultAppeals partly accepted

Since the three appeals captioned above involve similar question they are being disposed of together through this single judgment.

2. The grievance petitions have been directed to be returned to the appellant vide order dated 4‑1‑1987 for presentation to the proper forum holding that the Labour Courts have no jurisdiction. The learned lower Court has relied upon 1985 P L C 1053 wherein it has been held by the Lahore High Court that the persons who have been removed from service cease to remain covered by the definition of 'workman' in cases where Standing Orders Ordinance is not applicable and thus, the Labour Courts have no jurisdiction. Since every order passed by Labour Courts and this Tribunal is subject to grit jurisdiction of Lahore High Court, therefore, the learned lower Court has rightly relied upon the ruling mentioned above. But since the said ruling has not gained finality as it stands challenged before the) Supreme Court, there was no justification in passing an unconditional order of the return of grievance petition. The appellant would remain without any remedy if the Supreme Court sets aside the ruling cited above.

3. As a result the appeals are partly accepted and maintaining the order of return of grievance petition it is directed that if the Supreme Court holds that the persons who are not in service on the date on which they bring grievance petitions are covered by the definition of workman given in section 2(xxviii) of Industrial Relations Ordinance 1969, the appellants would be entitled to get their grievance petitions decided on merits by the learned lower Court.

M. Y. H. /335/Lb.P Appeals partly accepted.