2006 PLP 604 (PLC)
JAVED IQBAL and 20 others Versus GENERAL MANAGER, PAKISTAN RAILWAYS, HEADQUARTER OFFICE LAHORE and 2 others
| Citation | 2006 PLP 604 (PLC) |
| Forum / Court | Lahore High Court |
| Bench Members | Sheikh Azmat Saeed, J |
| Parties | JAVED IQBAL and 20 others Versus GENERAL MANAGER, PAKISTAN RAILWAYS, HEADQUARTER OFFICE LAHORE and 2 others |
| Primary Law | Industrial Relations Ordinance (XCI of 2002) |
Q1: What are the key laws and sections cited in 2006 PLP 604 (PLC)?
This judgment primarily cites: Industrial Relations Ordinance (XCI of 2002) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 604 (PLC)?
The case was heard and decided by the Lahore High Court bench comprising: Sheikh Azmat Saeed, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 604 (PLC) (JAVED IQBAL and 20 others Versus GENERAL MANAGER, PAKISTAN RAILWAYS, HEADQUARTER OFFICE LAHORE and 2 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zafar Iqbal Chohan for Appellants.
- Omer Sharif, for Respondents/Legal Advisor Pakistan Railways.
Headnotes / Summary
Ss. 1(4), 46 & 48
Jurisdiction of Labour Court, objection to
Counsel for the respondents had taken a preliminary objection that Labour Court had no jurisdiction to adjudicate upon the matter as appellants being employed on a Ministry of Defence line, Industrial Relations Ordinance, 2002 did not apply
Impugned order showed that question of jurisdiction had not been adjudicated upon, it was therefore, appropriate, in circumstances to remand the matter to the Labour Court which would decide, same including the question of jurisdiction of Labour Court
Case was remanded accordingly and objection regarding jurisdiction of Labour Court would be decided within specified period accordingly. Divisional Superintendent Pakistan Railways, D.S. Office, Lahore and 2 others v. National Industrial Relations Commission through Chairman and others 2000 PLC 667; Railway Worker's Union Regd. through Sardar Shaukat Ali, General Secretary v. Government of Pakistan, Ministry of Railways, through Chairman, Railway Board, Lahore and 2 others PLD 1995 Lah, 333 ref.
Judgment & Decree
SHEIKH AZMAT SAEED, J.
The learned counsel for the respondents has taken a preliminary objection that, inter alia, the Labour Court had no jurisdiction to adjudicate upon the matter as the appellants were employed on a MOD line and, therefore, I.R.O. did not apply. In support of his contention he has relied upon the judgments reported as Divisional Superintendent, Pakistan Railways, D.S. Office, Lahore and 2 others v. National Industrial Relations Commission through Chairman and others (2000 PLC 667) and Railway Worker's Union Regd. through Sardar Shaukat Ali, General Secretary v. Government of Pakistan, Ministry of Railways, through Chairman, Railway Board, Lahore and 2 others (PLD 1995 Lah. 333). It is further contended that even otherwise on merits the appellants were employed on temporary basis for 89 days.
2. The learned counsel for the appellants controverts the contentions raised by the learned counsel for the respondents and further states that the objection raised by the learned counsel was a mixed question of law and fact which could only be adjudicated upon after recording of evidence and there was no occasion for dismissing the grievance petition without recording of evidence.
3. It has been noticed from the impugned order that the question of jurisdiction had not been adjudicated upon. It is appropriate to remand the matter to the Labour Court who shall decide the same afresh including the question of jurisdiction. Consequently, the case is remanded to the Labour Court No.1, Lahore. Parties are directed to appear before the Labour Court on 10-7-2006. Since the learned counsel for the respondents intends to raise objection as to jurisdiction, the said objection shall be decided first and within two weeks of the date of first appearance of parties before the Court. Consequently the impugned judgment is set aside, case is remanded and parties are directed to appear before the Labour Court on the date indicated above. The record of the Labour Court shall be remitted back forthwith. H.B.T./J-25/L Case remanded.