1989 PLP 687 (PLC(CS))

‑‑‑Ss.25‑A & 37‑‑Wage Commission Award‑‑Constitution of Pakistan (1973), Art.199‑‑Writ jurisdiction of High Court qua Labour Courts and Appellate Tribunal‑‑Labour Court and Appellate Tribunal are subject to writ jurisdiction of High Court‑‑Ruling of High Court in writ jurisdiction to be necessarily followed notwithstanding views of Appellate Tribunal‑‑High Court on writ petition holding that Wage Commission Award being not an Award as defined in Industrial Relations Ordinance 1969 its infringement can be remedied by National Industrial Relations Commission and not by Labour Court‑‑Decision of Labour Court on grievance petition of Bank employee seeking redress against infringement of Wage Commission Award set aside in appeal as Labour Court had no jurisdiction in such matter‑‑Grievance petition directed to be returned to petitioner‑respondent for presentation before proper forum. 1985PLC1053re

1. Irshad Ali Mian for Appellant. H.R.Haider for Respondent. Date of hearing: 2nd March, 1986. In the two appeals captioned above the decisions dated 30‑5‑1985 and 28‑1‑1985 recorded by the learned Presiding Officer, Punjab Labour Court No.9 Multan have been challenged whereby the grievance petitions of the respondents for their reinstatement in service were accepted without back benefits. The respondents have brought cross‑objections for claiming back benefits which being disposed of alongwith the appeals.

2. It has been agreed between the parties that the appeals and cross -objections be disposed of on the point of jurisdiction only. It has been held by the Lahore High Court in 1985 P L C 1053 that bank employees no longer in service cease to remain workmen and thus cannot invoke the jurisdiction of the Labour Courts. It has been further observed that the Wage Commission Award not being an award as defined in the Industrial Relations Ordinance. 1969. its infringement cannot be remedied by the Lahore Courts but by the N.I.R.C. The learned counsel for the respondents have not been able to cite any other authority in which contrary view may have been taken. Since the orders passed by the Labour Courts and this Tribunal are subject to writ jurisdiction of Lahore High Court, the rulings of the said Court are to be necessarily followed even though personal views of this Tribunal may be different. I, therefore, following the abovementioned ruling hold that the learned lower Court had no jurisdiction.

3. As a result of the observations made above, the appeals are accepted on the point of jurisdiction only, and setting aside the impugned decision of the learned lower Court, the grievance petitions are directed to be returned to the respondents for presentation to the proper forum. Since the very direction of reinstatement of the respondents has been set aside, no question of allowing back benefits to the respondents arises and thus the cross‑objections filed in both the appeals are dismissed. A.E./620/Lb.S appeals accepted.