1986 PLP 440 (PLC)
JAVED IQBAL and another Versus COTTON EXPORT CORPORATION OF PAKISTAN Ltd.
| Citation | 1986 PLP 440 (PLC) |
| Forum / Court | Labour Appellate Tribunal Punjab |
| Bench Members | Muhammad Abdul Ghafoor Khan Lodhi, Appellate Tribunal |
| Parties | JAVED IQBAL and another Versus COTTON EXPORT CORPORATION OF PAKISTAN Ltd. |
Q1: What are the key laws and sections cited in 1986 PLP 440 (PLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1986 PLP 440 (PLC)?
The case was heard and decided by the Labour Appellate Tribunal Punjab bench comprising: Muhammad Abdul Ghafoor Khan Lodhi, Appellate Tribunal.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1986 PLP 440 (PLC) (JAVED IQBAL and another Versus COTTON EXPORT CORPORATION OF PAKISTAN Ltd.). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Ashraf Azeem for Appellant.
- Saeed‑ur‑Rehman for Respondents.
- Date of hearing: 6th October, 1985.
Headnotes / Summary
Industrial Relations Ordinance (XXIII of 1969)--‑ ‑‑‑Ss. 25‑A & 38(3)‑‑Grievance petition‑‑Necessary parties‑‑Employee of Cotton Export Corporation transferred to Cotton Trading Corporation‑‑Services terminated by Cotton Trading Corporation‑‑Petition against Cotton Export Corporation‑‑‑ Neither grievance notice served upon authority terminating services nor such authority impleaded‑‑Petition, in circumstances, held, rightly dismissed by Labour Court for non‑joinder of necessary party.
Judgment & Decree
‑‑‑Ss. 25‑A & 38(3)‑‑Grievance petition‑‑Necessary parties‑‑Employee of Cotton Export Corporation transferred to Cotton Trading Corporation‑‑Services terminated by Cotton Trading Corporation‑‑Petition against Cotton Export Corporation‑‑‑ Neither grievance notice served upon authority terminating services nor such authority impleaded‑‑Petition, in circumstances, held, rightly dismissed by Labour Court for non‑joinder of necessary party. Muhammad Ashraf Azeem for Appellant. Saeed‑ur‑Rehman for Respondents. Date of hearing: 6th October, 1985. The decisions, dated 19‑2‑1985 recorded by the learned Presiding Officer, Punjab Labour Court No.4, Faisalabad have been challenged in the two appeals captioned above, whereby the grievance petitions of the appellants for their re‑instatement in service were dismissed.
2. The services of the appellants were terminated by the respondents on the ground that the business was being wound up therefore, the services of the appellants were no more required. Learned counsel for the appellants has admitted that the services of the two appellants were not terminated by the respondents but by Cotton Trading Corporation, on 5‑7‑1984 and that the authority that terminated the services of the appellants were not impleaded as party to the grievance petitions of the appellants. The services of the appellants were transferred to the respondents‑ on 12‑5‑1982, whereas the termination order is, dated 5‑7‑1984. If after the transfer of the services of the appellants to the respondents there remained no relationship of employer and worker between the appellants on one side and the Cotton Trading Corporation, on the other, the latter could not terminate the services and if the relationship continued, then the authority that terminated the services was competent but whatever the position may be the authority passed the order was the necessary party and the respondents alone could not be sued. This is also not known if any grievance notice was issued by the appellants to the Cotton Trading Corporation before bringing the grievance petitions. So the petitions were rightly dismissed for non‑joinder of necessary party and there is thus, no scope to set aside the order.
3. As a result, the appeals fail and are dismissed. A.E.???????????????????????????????????????????????????????????????????????????????????????????????????? Appeals dismissed.