2001 PLP 32 (PLC)

‑‑‑‑S.25‑A‑‑‑West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.15(3) & (4)‑‑‑Dismissal from service‑ ‑‑ Re‑instatement ‑‑‑Grievance petition‑‑‑Maintainability‑‑‑Employee working as Naib Qasid, was removed from service on allegation that he had made a misstatement about his age at the time of his entry into service‑‑ Employee was dismissed from service without any show‑cause notice and without affording him opportunity of hearing‑‑‑Validity‑‑‑Employer had alleged that grievance petition by employee was not maintainable as employer establishment was not an industry‑‑‑Even if employer establishment was not an industry, low‑paid officials like the employee could not be excluded from pale of workman‑‑‑Employee was "workman" and was entitled to invoke aid of Labour Court‑‑‑Labour Court having jurisdiction, had rightly accepted grievance petition of the employee. Adrian Shafique for Appellant. Farooq Zaman Qureshi for Respondent. Learned Labour Court No .3, Lahore, at Ferozewala, on 26‑10‑1993, accepted Riasat Ali's grievance petition, filed under section 25‑A, Industrial Relations Ordinance, 1969. He was ordered to be reinstated in service, with back benefits, although an option was given to his Department to hold an inquiry afresh against him in proper and lawful manner, on associating him with the proceedings. The present appeal has been preferred by the respondent before the Labour Court.

2. Riasat Ali was a Naib Qasid, who was appointed on 29‑11‑1988, and was removed from service on 30‑9‑1990, on the allegation that he had made a misstatement about his age, at the time of his entry into the service. According to the official, his identity card had been not prepared by the office itself; but it was maintained by his appointing authority that the national identity card had been obtained by Riasat Ali on his own. On appraisal of the material laid before the lower tour, it was opined that he had been ousted from service without any show‑cause notice, without affording him an opportunity of hearing, of at least defending himself, by leading evidence, and the process thus, was tainted with mala fides, at least lack of bona fides, on the part of his superiors, who cared little to comply with all the pre‑requisites before ousting from service the poor persons, who had once developed T.B. remained admitted in the Sheikh Zaid Hospital.

3. I do not find any fault with, what has been observed by the learned lower Court, and would endorse the direction that proper and adequate opportunity of hearing be afforded to the Naib Qasid to establish his bona fides and authenticity, as regards his actual age or his precise date of birth. He must not be condemned unheard.

4. In so far as the stand point of the Institute about lack of jurisdiction of the Labour Court is concerned, I do not find myself inclined to vindicate it. According to the appellant, the Archaeology Department, particularly the Old Fort, Lahore, represents our national heritage and ancient history and cannot be treated as a business enterprise or a trade or an industry. According to the worker, the Shahi Qila is certainly an industry, which caters to profit earning, by selling tickets to visitors, leasing out cycle stand, and parts of the building, on annual rent. Both these versions are largely correct, but even in an establishment, which is not an industry, a low paid official, like Naib Qasid, cannot be excluded from pale of workman; and he can certainly plead to be a worker, entitled to invoke the aid of the Labour Laws in his favour, in regard to his service conditions, by having recourse to a Labour Court. The jurisdiction of the labour forum in the matters, as such. cannot be taken to be ousted, considered from any angle.

5. That way, I would endorse the competence of the Labour Court, and approve of the view adopted and the findings recorded. The impugned decision is upheld, and the appeal, being without force, is hereby dismissed with of course no order as to costs. Riasat Ali stands reinstated. H.B.T./17/P (Lab. trib) Appeal dismissed.