PROVINCE OF PUNJAB through Secretary, Irrigation and Power Department, Lahore and another. vs PUNJAB LABOUR APPELLATE TRIBUNAL, LAHORE through Chairman and another
This matter concerns a petition for leave to appeal filed by the Province of Punjab against a judgment of the Punjab Labour Appellate Tribunal, which had ordered the reinstatement of several employees (Chowkidars, gardeners, and helpers) in the Irrigation Department. The employees, initially classified as work-charged, had their services terminated, leading them to file grievance petitions under the Industrial Relations Ordinance, 1969. While the Labour Court initially dismissed these petitions as not maintainable, the Labour Appellate Tribunal reversed this decision and ordered reinstatement with partial back benefits. The core legal questions before the Supreme Court involve whether work-charged employees in the Irrigation Department are entitled to reinstatement and whether the grievance petitions were maintainable under the relevant labour laws, specifically considering the exemptions provided in the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. The Supreme Court granted leave to appeal to examine these contentions, noting that the issues raised require further judicial scrutiny regarding the status of work-charged employees and the applicability of the Industrial Relations Ordinance, 1969.
- Are work-charged employees in the Irrigation Department entitled to seek reinstatement through grievance petitions?
- Does Section 1(4)(c) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968 bar the maintainability of grievance petitions for work-charged employees?
- Section 25-A, Industrial Relations Ordinance 1969
- Section 1(4)(c), West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968
ORDER
' SAIDUZZAMAN SIDDIQUI,propose to dispose of abovementioned 11 petitions for leave (0 appeal by a consolidated order as the questions of law and facts involved in these cases are identical and they also arise from the same impugned judgment.
2. Private respondents in the above petitions were working as Chowkidars, gardners, helpers etc. In the Irrigation Department for a number of years. Their services were terminated by the department describing them as work-charged employees. The respondents filed grievance petitions under section 25-A of the Industrial Relations Ordinance, 1969 (I.R.O.) before the Labour Court but their grievance petitions were dismissed on 12-1-1994 with the observation that the grievance petitions were not maintainable in law. However, on appeal the learned Labour Appellate Tribunal, Punjab reversed the judgment of the Labour Court, by judgment, dated 18-7-1996 and the private respondents have been directed to be reinstated in service with half back benefits. The Province of Punjab is now seeking leave to appeal against the judgment of learned Labour Appellate Tribunal.
3. The learned counsel for the petitioners in seeking leave to appeal, inter alia, contended that private respondents being work-charged employees, could not be ordered to be reinstated in service. It is also contended by the learned counsel for the petitioners that the grievance petitions filed by the petitioners were not maintainable in view of section 1 (4)(c) of West Pakistan Industrial and. Commercial Employment (Standing Orders) Ordinance, 1968.
' The contentions raised by the learned counsel for the petitioners require examination and we, accordingly, grant leave to appeal to consider the same.