1995 PLP 568 (PLC)
PUNJAB ROAD TRANSPORT BOARD (DEFUNCT) through District Manager, Jhang Versus MUHAMMAD SIDDIQUE
| Citation | 1995 PLP 568 (PLC) |
| Forum / Court | Labour Appellate Tribunal Punjab |
| Bench Members | Sardar Muhammad Abdul Ghafoor Khan Lodhi, Appellate Tribunal |
| Parties | PUNJAB ROAD TRANSPORT BOARD (DEFUNCT) through District Manager, Jhang Versus MUHAMMAD SIDDIQUE |
| Primary Law | Industrial Relations Ordinance (XXIII of 1969) |
Q1: What are the key laws and sections cited in 1995 PLP 568 (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 1995 PLP 568 (PLC)?
The case was heard and decided by the Labour Appellate Tribunal Punjab bench comprising: Sardar 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: 1995 PLP 568 (PLC) (PUNJAB ROAD TRANSPORT BOARD (DEFUNCT) through District Manager, Jhang Versus MUHAMMAD SIDDIQUE). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Sajjad Hussain for Petitioner.
- Date of hearing: 1st November, 1986.
Headnotes / Summary
Respondent in person.
Judgment & Decree
‑‑‑‑S. 38(3‑a)‑‑‑Payment of Wages Act (IV of 1936), Ss. 15 & 17‑‑ Jurisdiction‑‑‑Objection to jurisdiction to be first decided one way or the other‑‑‑Order of Authority under Payment of Wages Act, 1936 challenged in appeal on plea that Authority had no jurisdiction due to Pakistan Essential Services (Maintenance) Act, 1952 being applicable‑‑‑Such plea not raised before Authority‑‑‑Appellate Court deciding appeal without recording findings on point of jurisdiction of Authority‑‑‑Held, since the question touched jurisdiction of Authority it could not be left unnoticed‑‑‑Impugned orders set aside in revision by Appellate Tribunal and case remanded to Appellate Court for consideration of point of jurisdiction and re‑decision of appeal. Syed Sajjad Hussain for Petitioner. Respondent in person. Date of hearing: 1st November, 1986. This is a revision reporting that the order dated 22‑7‑1984 passed by the learned Presiding Officer, Punjab Labour Court No. 5, Faisalabad, whereby the order of the Authority dated 5‑5‑1986 was confirmed, is wrong. An objection was raised before the learned lower appellate Court that Pakistan Essential Service (Maintenance) Act, 1952 was applicable, therefore, the Authority had no jurisdiction. No finding was recorded thereon. No doubt before the Authority such a plea was not taken but since it was raised before the learned lower appellate Court, it should have been disposed of one way or the other. Since the question touches the jurisdiction of the Authority, it could not be left unnoticed.
2. As a result, the revision is accepted and setting aside the impugned orders of the learned lower Courts, the case is remanded to the learned lower Appellate Court for consideration of the legal point. If the learned lower appellate Court holds that the Authority has jurisdiction, it may re-decide the appeal on merits. A.E./230/Lb.P Revision accepted.