1989SCMR687 (PLP)
BASAHRAT ALI — Petitioner Versus PUNJAB LABOUR APPELLATE TRIBUNAL, LAHORE and others — Respondents
| Citation | 1989SCMR687 (PLP) |
| Forum / Court | High Court |
| Bench Members | Muhammad Haleem, CJ., Shafiur Rahman, Usman Ali Shah and Naimuddin, JJ |
| Parties | BASAHRAT ALI — Petitioner Versus PUNJAB LABOUR APPELLATE TRIBUNAL, LAHORE and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1989SCMR687 (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR687 (PLP)?
The case was heard and decided by the High Court bench comprising: Muhammad Haleem, CJ., Shafiur Rahman, Usman Ali Shah and Naimuddin, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR687 (PLP) (BASAHRAT ALI — Petitioner Versus PUNJAB LABOUR APPELLATE TRIBUNAL, LAHORE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Zaman Oureshi, Advocate Supreme Court and M.A. Qureshi, Advocate-on-Record for Petitioner.
- S. Abul Asim Jafri, Advocate-on-Record (absent) S.M. Zamir Zaidi, Advocate Supreme Court for Respondents Nos. 1 to 5.
- Date of hearing: 14th November, 1988.
Headnotes / Summary
(On appeal from the judgment and order dated 18-10-86 passed by the Lahore High Court in writ petition No.4546 of 1986).
Judgment & Decree
MUHAMMAD HALEEM, CJ.--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 P L C (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-instatement under section 25-A of the Industrial Relations Ordinance, 1969, before the Punjab Labour Court No.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. 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, (P L D 1988 S C 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. 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. JA directed to decide the petition of the appellant on merits in accordance with law. There will be no order as to costs. A.A./B-80/S Case remanded.