BASHARAT ALI vs PUNJAB LABOUR APPELLATE TRIBUNAL, LAHORE and others
This matter concerns a petition for leave to appeal against a High Court order that dismissed a writ petition filed by a dismissed employee of the National Bank of Pakistan. The High Court had relied on a previous judgment to hold that the petitioner could not seek reinstatement under Section 25-A of the Industrial Relations Ordinance, 1969, before the Punjab Labour Court. The core legal question was whether the dismissal of the employee’s application as incompetent by the Labour Court and the subsequent dismissal of the appeal by the Labour Appellate Tribunal remained legally sustainable in light of evolving jurisprudence regarding the status of National Bank employees. The Supreme Court, noting that the precedent relied upon by the High Court had not been approved by the Supreme Court in subsequent litigation (Iftikhar Ahmad v. President, National Bank of Pakistan), accepted the concession made by the respondents. Consequently, the Supreme Court allowed the appeal, set aside the impugned orders of the lower forums, and remanded the matter to the Punjab Labour Court No. 2 with directions to decide the petition on its merits in accordance with the law.
- Can a dismissed employee of the National Bank of Pakistan seek remedy for reinstatement under Section 25-A of the Industrial Relations Ordinance 1969?
- Does the disapproval of a precedent by the Supreme Court necessitate the setting aside of lower court orders based on that overruled precedent?
- Section 25-A, Industrial Relations Ordinance 1969
ORDER
1. ' MUHAMMAD HALEEM, C.J.--The petitioner seeks leave to appeal against the order of the High Court by which writ Petition No,4546 of 1986 was dismissed on the ground that the judgment in the case of Wallayat Hussain Raja v. Secretary, Establishment Division, (1985 PLC (C.S.) 1056) held the field and, therefore, the petitioner who was a dismissed employee of the National Bank of Pakistan could not seek any remedy for his re-intstatement under section 25-A of the Industrial Relations Ordinance, 1969, before the Punjab Labour Court No,2.
2. ' The petitioner's application under the above provision of law was filed before the Punjab Labour Court No,2 but the said Court by order, dated 8th of April, 1986, ordered it to be returned on the ground of its being incompetent. An appeal against that order before the Punjab Labour Appellate Tribunal also failed as it was dismissed on 12th of July, 1986.
3. ' The learned counsel for the petitioner contends that the judgment of the Lahore High Court cited above, was not approved by this Court in Iftikhar Ahmad v. President, National Bank of Pakistan, (PLD 1988 SC 53), and, therefore, the impugned orders need to be set aside and the petition to be heard and decided on merits. The learned counsel for the caveator-respondents Nos.3, 4 and 5 has conceded that in view of the earlier judgment of the Lahore High Court not having been approved, the impugned orders should be set aside and the case should be heard on merits as contended by the learned counsel for the petitioner.
4. Accordingly, we would convert this petition into an appeal and allow it with the result that the impugned orders dated 8th April, 1986, 12th July, 1986 and 18th of October, 1986, are set aside and the Punjab Labour Court No,2 is directed to decide the petition of the appellant on merits in accordance with law.