2009 PLP 290 (PLC)
MASOOD AKHTAR Versus WATER AND POWER DEVELOPMENT AUTHORITY Labour
| Citation | 2009 PLP 290 (PLC) |
| Forum / Court | Lahore High Court |
| Bench Members | Hafiz Tariq Nasim, J |
| Parties | MASOOD AKHTAR Versus WATER AND POWER DEVELOPMENT AUTHORITY Labour |
| Primary Law | Industrial Relations Ordinance (XCI of 2002) |
Q1: What are the key laws and sections cited in 2009 PLP 290 (PLC)?
This judgment primarily cites: Industrial Relations Ordinance (XCI of 2002) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 290 (PLC)?
The case was heard and decided by the Lahore High Court bench comprising: Hafiz Tariq Nasim, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 290 (PLC) (MASOOD AKHTAR Versus WATER AND POWER DEVELOPMENT AUTHORITY Labour). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Mahmood Hussain for Appellant.
- Muhammad Iqbal Khokhar for Respondent.
- Date of hearing: 12th September, 2008.
Headnotes / Summary
Ss. 46 & 48
Dismissal of grievance petition
Only point involved in the case was whether the Labour Court was justified in dismissing the appellant's grievance petition or not
Supreme Court had once for all resolved the issue holding that Registrar/Deputy Registrar of the Tribunal had no authority to pass an abatement order in any appeal, whereas it should have been presented before a Bench of the Tribunal
In the present case, appellant approached the Service Tribunal, his appeal was ordered to be abated by the Registrar of the Tribunal, which could not have been done as per terms of the judgment of Supreme Court
Labour Court did not commit any illegality while passing impugned order.
Judgment & Decree
HAFIZ TARIQ NASIM, J.
Facts leading to this appeal are that appellant filed petition under section 46 of the I.R.O., 2002 before the Punjab Labour Court No.1, Lahore, which was dismissed on the strength of law laid down in the case of Raja Riaz v. Chairman Pakistan Space and Upper Atmosphere Research Commission, Karachi (C.P. No.722 of 2007).
2. The only point involved in this case is that whether the learned Presiding Officer, Punjab Labour Court No.1, Lahore, was justified in dismissing the appellant's petition or not.
3. It is an admitted position that the Honourable Supreme Court of Pakistan once for all resolved the issue that Registrar/Deputy Registrar has no authority to pass an abatement order in any appeal whereas it should have been presented before a Bench of the Tribunal. In the present case the situation is the same, the appellant approached the Federal Service Tribunal, his appeal was ordered to be abated by the Registrar, which could not have been abated as per terms of the judgment of the Honourable Supreme Court of Pakistan (supra). The learned Labour Court did not commit any illegality while passing the impugned order, thus this appeal being without any force is dismissed. H.B.T./M-382/L Appeal dismissed.