1988 PLP 507 (PLC)
PROVINCE OF PUNJAB Versus MUHAMMAD IFTIKHAR and 3 others
| Citation | 1988 PLP 507 (PLC) |
| Forum / Court | Labour Appellate Tribunal Punjab |
| Bench Members | Sardar Muhammad Abdul Ghafoor Khan Lodhi, Appellate Tribunal |
| Parties | PROVINCE OF PUNJAB Versus MUHAMMAD IFTIKHAR and 3 others |
Q1: What are the key laws and sections cited in 1988 PLP 507 (PLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 507 (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: 1988 PLP 507 (PLC) (PROVINCE OF PUNJAB Versus MUHAMMAD IFTIKHAR and 3 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Shahid Saleem for Appellants.
- Date of hearing: 14th March, 1987.
Headnotes / Summary
Industrial Relations Ordinance (XXIII of 1969)‑‑. ‑‑‑Ss.25‑A & 38(3)‑‑West ‑ Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.1(4), proviso (l)‑‑Government Servants (Efficiency and Discipline) Rules, 1975, R.4‑‑Termination of services‑‑Appellant, a department of Government‑‑Conditions for which Standing Orders Ordinance not applicable stood satisfied‑‑Labour Court not adverting to question whether any right, guaranteed to respondent employees by Government Servants (Efficiency and Discipline) Rules, 1975, had or had not been violated by termination of services of respondents‑‑Case remanded to Labour Court for redecision on basis of Government Servants (Efficiency and Discipline) Rules, 1975. Respondent in person.
Judgment & Decree
‑‑‑Ss.25‑A & 38(3)‑‑West ‑ Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.1(4), proviso (l)‑‑Government Servants (Efficiency and Discipline) Rules, 1975, R.4‑‑Termination of services‑‑Appellant, a department of Government‑‑Conditions for which Standing Orders Ordinance not applicable stood satisfied‑‑Labour Court not adverting to question whether any right, guaranteed to respondent employees by Government Servants (Efficiency and Discipline) Rules, 1975, had or had not been violated by termination of services of respondents‑‑Case remanded to Labour Court for redecision on basis of Government Servants (Efficiency and Discipline) Rules, 1975. Shahid Saleem for Appellants. Respondent in person. Date of hearing: 14th March, 1987. Since all the four appeals captioned above involve common questions of fact and law, they are being disposed of together through this single judgment. 2.The facts of the case are that Ghulam Muhammad and Muhammad Bashir were employed as Baildar and Muhammad Iftikhar and Manzoor Hussain as Mate. Their services were terminated by order dated 1‑6‑1986. They challenged the said order in their petitions brought under section 25‑A of Industrial Relations Ordinance, 1969. In written statement one of the objections was that Standing Orders Ordinance, 1968 was not applicable. The learned lower Court has not recorded any definite finding on the point. Since the appellant is a department of the Government and Government Servants Efficiency and Discipline Rules are meant for Government, servants, therefore, both the conditions for which Standing Orders Ordinance is not applicable stands satisfied vide proviso 1 to S.1 subsection (4) (c). It .is to be seen whether any right guaranteed to the respondents by Government Servants Efficiency and Discipline Rules has or has not been violated while terminating the services of the respondents. Since the learned lower Court did not advert to this question, no finding can be recorded thereon in these appeals.
3. As a result, the impugned orders are set aside and the cases are remanded to the learned lower Court for redecision on the basis of Government Servants (Efficiency and Discipline) Rules. The parties are directed to appear before the learned lower Court on 19‑3‑1987. M. Y. H. 1314/Lb.P Case remanded.