1990 PLP 500 (PLC)
DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, LAHORE Versus ABDUL MAJEED
| Citation | 1990 PLP 500 (PLC) |
| Forum / Court | Labour Appellate Tribunal Punjab |
| Bench Members | Sardar Muhammad Abdul Ghafoor Khan Lodhi, Appellate Tribunal |
| Parties | DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, LAHORE Versus ABDUL MAJEED |
Q1: What are the key laws and sections cited in 1990 PLP 500 (PLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 500 (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: 1990 PLP 500 (PLC) (DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, LAHORE Versus ABDUL MAJEED). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Ch.Khalil‑ur‑Rehman for Appellant.
- Date of hearing: 12th October, 1987.
Headnotes / Summary
Industrial Relations Ordinance (XXIII of 1969)‑‑ ‑‑‑S.35‑‑‑Territorial jurisdiction‑‑‑Labour Court ceasing to have territorial jurisdiction due to subsequent notification of Government‑‑‑Effect‑‑‑Such Court, held, would not have jurisdiction to decide application for setting aside its ex-parte order passed prior to such notification‑‑‑Application for setting aside such ex parte order, was rightly returned for presentation before Labour Court having territorial jurisdiction.
Judgment & Decree
‑‑‑S.35‑‑‑Territorial jurisdiction‑‑‑Labour Court ceasing to have territorial jurisdiction due to subsequent notification of Government‑‑‑Effect‑‑‑Such Court, held, would not have jurisdiction to decide application for setting aside its ex-parte order passed prior to such notification‑‑‑Application for setting aside such ex parte order, was rightly returned for presentation before Labour Court having territorial jurisdiction. Ch.Khalil‑ur‑Rehman for Appellant. Date of hearing: 12th October, 1987. This is an appeal challenging the order dated 7‑9‑1987 recorded by learned Presiding Officer, Punjab Labour Court No3, Lahore at Ferozewala whereby application for setting aside ex parte decree has been returned for want of territorial jurisdiction.
2. The facts are that when the main grievance petition was brought and decided by the learned Punjab Labour Court No.3, it had territorial jurisdiction. In March, 1987 notification was issued according to which the learned Court No.3 ceased to have territorial jurisdiction. The petition for setting aside ex parte decision was lodged after the notification was passed. Learned counsel for the appellant argues that since the main petition was disposed of by learned Court No.3, therefore, only that Court can decide the application for setting aside ex parte decision and no other Court has jurisdiction. The argument is not tenable. When grievance petitions are to be returned if the Court ceases to have territorial jurisdiction how a petition for setting aside ex parte decision can be decided by the Court, which has ceased to have jurisdiction. Since now learned Court No.3 has no jurisdiction, the order of return of the petition cannot be challenged.
3. As a result the appeal is dismissed in limine. A.E./432/Lb.P Appeal dismissed.