1977 PLP 498 (PLC)
ABBASI TEXTILE MILLS LTD., RAHIMYAR KHAN Versus MUHAMMAD QASIM
| Citation | 1977 PLP 498 (PLC) |
| Forum / Court | IVth Labour Court Punjab |
| Bench Members | Muhammad Mian Qureshi, Presiding Officer |
| Parties | ABBASI TEXTILE MILLS LTD., RAHIMYAR KHAN Versus MUHAMMAD QASIM |
| Primary Law | DECISION, Industrial Relations Ordinance (XXIII of 1969)‑ |
Q1: What are the key laws and sections cited in 1977 PLP 498 (PLC)?
This judgment primarily cites: DECISION, Industrial Relations Ordinance (XXIII of 1969)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1977 PLP 498 (PLC)?
The case was heard and decided by the IVth Labour Court Punjab bench comprising: Muhammad Mian Qureshi, Presiding Officer.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1977 PLP 498 (PLC) (ABBASI TEXTILE MILLS LTD., RAHIMYAR KHAN Versus MUHAMMAD QASIM). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Imtiaz Ahmad for Appellant.
- M. G. Rabbani for Respondent.
Headnotes / Summary
Ss. 25‑A & 36‑D read with Labour Laws Amendment Ordinance (XXVI of 1975), S. 3‑Junior Labour Courts abolished and became functus officio on issuance of Government notification dated 16‑1‑1976. Order passed by Junior Labour Court after 16‑1‑1976‑Beyond jurisdic tion‑Appellate jurisdiction of Labour Court over such order of Junior Labour Court also ousted Labour Court, held, could' not take cognizance of legal implications of such order. This is an appeal filed on behalf of Abbasi Textile Mills Ltd. Rahimyar Khan against the order dated 30‑1‑76 of the learned Junior Labour Court Rahimyar Khan whereby the petition of the respondent Muhammad Qasim workman was restored by setting aside the order of dismissal of the petition in default of the petitioner's appearance and for want of proof passed on 24‑10‑75 by the same Court. No doubt, the learned Junior Labour Court was functus officio on 30th January, 1976 as having been abolished by the force of law under Labour Laws Amendment Ordinance, 1975. The Government Notification notifying the ceasure of work by the Junior Labour Court under said Ordinance was published on 16‑1‑76 and on that score no Junior Labour Court could function or exercise any jurisdiction in any matter whatsoever beyond 16-1‑
76. This being so the said Court by passing the impugned order acted without jurisdiction and the order would be deemed to be nullity in the eye of law. But this Court cannot take cognizance of the legal implication of the said order in the present form of appeal. Because with the abolition of the Junior Labour Courts throughout Punjab under the Labour Laws Amendments Ordinance, 1975, the appellate jurisdiction of this Court was simultaneously taken away and no appeal could lie against the decision of the Junior Labour Court beyond 16‑1‑
76. Accordingly the merits of the order impugned under present appeal can only be gone into by me in the relevant case as a successor of the Junior Labour Court by reason of the cases of that Court having been transferred to the file of this Court by the force of law. The present appeal is however incompetent in the eye of law and cannot be heard on merits, it is therefore dismissed. Appeal dismissed.
Judgment & Decree
Appeal No. 13 of 1976, decided on 13th April 1976.
Ss. 25‑A & 36‑D read with Labour Laws Amendment Ordinance (XXVI of 1975), S. 3‑Junior Labour Courts abolished and became functus officio on issuance of Government notification dated 16‑1‑1976. Order passed by Junior Labour Court after 16‑1‑1976‑Beyond jurisdic tion‑Appellate jurisdiction of Labour Court over such order of Junior Labour Court also ousted Labour Court, held, could' not take cognizance of legal implications of such order. Ch. Imtiaz Ahmad for Appellant. M. G. Rabbani for Respondent. This is an appeal filed on behalf of Abbasi Textile Mills Ltd. Rahimyar Khan against the order dated 30‑1‑76 of the learned Junior Labour Court Rahimyar Khan whereby the petition of the respondent Muhammad Qasim workman was restored by setting aside the order of dismissal of the petition in default of the petitioner's appearance and for want of proof passed on 24‑10‑75 by the same Court. No doubt, the learned Junior Labour Court was functus officio on 30th January, 1976 as having been abolished by the force of law under Labour Laws Amendment Ordinance, 1975. The Government Notification notifying the ceasure of work by the Junior Labour Court under said Ordinance was published on 16‑1‑76 and on that score no Junior Labour Court could function or exercise any jurisdiction in any matter whatsoever beyond 16-1‑
76. This being so the said Court by passing the impugned order acted without jurisdiction and the order would be deemed to be nullity in the eye of law. But this Court cannot take cognizance of the legal implication of the said order in the present form of appeal. Because with the abolition of the Junior Labour Courts throughout Punjab under the Labour Laws Amendments Ordinance, 1975, the appellate jurisdiction of this Court was simultaneously taken away and no appeal could lie against the decision of the Junior Labour Court beyond 16‑1‑
76. Accordingly the merits of the order impugned under present appeal can only be gone into by me in the relevant case as a successor of the Junior Labour Court by reason of the cases of that Court having been transferred to the file of this Court by the force of law. The present appeal is however incompetent in the eye of law and cannot be heard on merits, it is therefore dismissed. Appeal dismissed.