2001 PLP 457 (PLC)
CORPORATION, BAHAWALPUR Versus CHAIRMAN, PUNJAB LABOUR APPELLATE TRIBUNAL,
| Citation | 2001 PLP 457 (PLC) |
| Forum / Court | Lahore High Court |
| Bench Members | Muhammad Akhtar Shabbir, J |
| Parties | CORPORATION, BAHAWALPUR Versus CHAIRMAN, PUNJAB LABOUR APPELLATE TRIBUNAL, |
| Primary Law | Industrial Relations Ordinance (XXIII of 1969)‑‑‑ |
Q1: What are the key laws and sections cited in 2001 PLP 457 (PLC)?
This judgment primarily cites: Industrial Relations Ordinance (XXIII of 1969)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2001 PLP 457 (PLC)?
The case was heard and decided by the Lahore High Court bench comprising: Muhammad Akhtar Shabbir, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 PLP 457 (PLC) (CORPORATION, BAHAWALPUR Versus CHAIRMAN, PUNJAB LABOUR APPELLATE TRIBUNAL,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ‑‑‑‑Ss. 25‑A, 37(3) & 55‑‑‑Constitution of Pakistan (1973), Art.199 Constitutional petition‑‑‑Implementation of order of Labour Court‑‑‑Order of Labour Court whereby ad hoc appointment of petitioner was regularised, was set aside by Labour Appellate Tribunal in appeal‑‑‑High Court set aside judgment of Appellate Tribunal and upheld the judgment of Labour Court‑‑ Contention of petitioner was that his grievance had not been redressed according to judgment of the Labour Court and upheld by High Court‑‑ Petitioner had filed criminal proceedings against non‑implementation of judgment of the Court‑‑‑During pendency of said proceedings counsel for petitioner had stated that grievance of petitioner had been redressed by the respondent‑Department‑‑‑Statement of counsel being ,binding on the petitioner he could not get rid of the same‑‑‑Constitutional petition filed by petitioner was not maintainable in circumstances.
- Jamshaid Akhtar Khokhar for Petitioner.
- Shamshir Iqbal Chaughtai for Respondents.
- Date of hearing: 5th December, 2000.
Judgment & Decree
Shamshir Iqbal Chaughtai for Respondents. Date of hearing: 5th December, 2000. The petitioner has invoked the Constitutional jurisdiction of Court for issuance of direction to the respondents to make payment of the petitioner's legitimate claims according to‑the rules w.e.f. 18‑6‑1979. The facts giving rise to the present petition are that the petitioner was appointed as Stenographer on ad hoc basis‑w.e.f, 18‑6‑1979 against the permanent vacancy and he was regularized on the same post after expiry of period of four years. The petitioner being dissatisfied knocked at the jurisdiction of Labour Court No.8, Bahawalpur and the said Court vide its order dated 4‑10‑1987 accepted the prayer of the petitioner and directed the Department to regularise the petitioner as Stenographer in BPS‑10 w. e. f 1‑6‑1983 and he was declared entitled to get BPS‑15 w.e.f. 8‑4‑1985. The order of the Labour Court was challenged by the Department before the Labour Appellate Tribunal and the Tribunal vide its order dated 8‑12‑1987 accepted the appeal and set aside the findings of the Labour Court.
3. Feeling aggrieved the petitioner knocked the Constitutional jurisdiction of this Court through Writ Petition No. 233 of 1988 and learned Single Judge of this Court vide order dated 23‑9‑1997 accepted the writ petition and set aside the order of the Labour Appellate Tribunal dated 8-12-1987.
4. The grievance of the petitioner was not redressed by the Department, therefore, he filed Criminal Original No. 184 of 1998 which was disposed of by this Court on 1‑4‑1999 wherein the learned counsel for the petitioner had stated that the grievance of the petitioner has been redressed. Thereafter, another Criminal Original No.138 of 1999 came, which was disposed of by this Court on 21‑10‑1999.
5. The learned counsel for the petitioner has contended that in spite of undertaking given by the respondents the grievance of the petitioner has not been redressed so far.
6. On the other hand, the learned counsel for the respondents has stated that the order of the Labour Court has been implemented by the Department in stricto senso and the grievance of the petitioner has been redressed.
7. Since the learned counsel for the petitioner in Criminal Original No. 184 of 1998 has stated categorically that the grievance of the petitioner has been redressed by the Department, the statement of the learned counsel is binding on the petitioner and he cannot get rid of the same. Furthermore, the Labour Court has accepted the grievance of the petitioner and declared him to be promoted w.e.f. 1‑6‑1983 and not from 18-6‑1979 and that order of the Court has already been complied with by the Department. Neither any finding has been given nor any direction has been given by this Court w its judgment dated 23‑9‑1997 passed in Writ Petition 233 of 1988. This Court has only set aside the order of the Labour Appellate Tribunal and maintained the order of the Labour Court. This Court has not given any direction to the Department to promote the petitioner w.e.f 18‑6‑1979 and give benefits from the said date. In view of the above discussion, there is no force in the instant writ petition and the same is dismissed. H.B.T./A‑214/L Petition dismissed.