1988 PLP 449 (PLC)
ZAHOOR AHMAD Versus MUSLIM COMMERCIAL BANK LTD., KARACHI and 3 others
| Citation | 1988 PLP 449 (PLC) |
| Forum / Court | Labour Appellate Tribunal Punjab |
| Bench Members | Muhammad Abdul Ghafoor Khan Lodhi, Appellate Tribunal |
| Parties | ZAHOOR AHMAD Versus MUSLIM COMMERCIAL BANK LTD., KARACHI and 3 others |
| Primary Law | Industrial Relations Ordinance (XXIII of 1969) |
Q1: What are the key laws and sections cited in 1988 PLP 449 (PLC)?
This judgment primarily cites: Industrial Relations Ordinance (XXIII of 1969) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 449 (PLC)?
The case was heard and decided by the Labour Appellate Tribunal Punjab bench comprising: 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 449 (PLC) (ZAHOOR AHMAD Versus MUSLIM COMMERCIAL BANK LTD., KARACHI and 3 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M.A. Javed for Appellants.
- Irshad Ali Mian for Respondents.
- Date of hearing: 6th May, 1986.
Headnotes / Summary
‑‑‑Ss.25‑A, 36 & 38‑‑Constitution of Pakistan (1973);Art.199‑‑Labour Courts and Appellate Tribunal Punjab are subject to constitutional jurisdiction of Lahore High Court‑‑Ruling of Lahore High Court, held, to be followed even if personal view of Tribunal was different‑‑High Court ruling that Bank employee removed from service ceases to be a workman and could not invoke jurisdiction of Labour Court, is to be followed till set aside by Supreme Court. 1985 P L C 1053 rel.
Judgment & Decree
1985 P L C 1053 rel. M.A. Javed for Appellants. Irshad Ali Mian for Respondents. Date of hearing: 6th May, 1986. The two appeals captioned above arise from the decisions dated 14‑12‑1985 recorded by the learned Presiding Officer, Punjab Labour Court No.5, Faisalabad, whereby the grievance petitions of the appellants have been returned for want of jurisdiction relying upon 1985 P L C 1053.
2. The Lahore High Court has in the above cited ruling held that bank employees who have been removed from service ceased to remain workmen and that as the Wage Commission Award is not an award as defined in the Industrial Relations Ordinance, 1969, the Labour Courts have no jurisdiction. Since the orders passed by this tribunal and Labour Courts can be challenged in writ petitions before the Lahore High Court, the rulings of the said Court are to be followed even if the personal view of this tribunal may different. The matter no doubt is subjudice before the Supreme Court but unless the above cited ruling is set aside by the Supreme Court, it remains in the field and is to be followed.
3. As a result of what has been said above, the appeals are dismissed but it is directed that if the Supreme Court finds that the Labour Courts have jurisdiction, the appellants would be entitled to get their petitions decided from the learned lower Court on merits. A.E./l07!Lb.S Appeals dismissed.