1986 PLP 953 (SCMR)
ABDUL LATIF QURESHI and another — Petitioners Versus CHAIRMAN, PUNJAB LABOUR APPELLATE TRIBUNAL and others — Respondents
| Citation | 1986 PLP 953 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Abdul Kadir Shaikh, J |
| Parties | ABDUL LATIF QURESHI and another — Petitioners Versus CHAIRMAN, PUNJAB LABOUR APPELLATE TRIBUNAL and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1986 PLP 953 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1986 PLP 953 (SCMR)?
The case was heard and decided by the High Court bench comprising: Abdul Kadir Shaikh, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1986 PLP 953 (SCMR) (ABDUL LATIF QURESHI and another — Petitioners Versus CHAIRMAN, PUNJAB LABOUR APPELLATE TRIBUNAL and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Sadiq Muhammad Warraich, Mirza Anwar Beg, Zaki-ud-Din Pal, Muhammad Zain-ul-Abedin, Tanvir Ahmad, Muhammad Asghar Malik, Muhammad Zaman Qureshi, Ch. Ghulam Qadir with M. A. Qureshi, Advocate-on-Record and Muhammad Asghan Khadim for Petitioners.
- Sh. Aftab, Advocate Supreme Court with Sh. Masud Akhtar, Advocate-on-Record with Zamir Hussain Zaidi for Respondents.
- Date of hearing: 20th October, 1985.
- Ch. Sadiq Muhammad Warraich, Mirza Anwar Beg, Zaki‑ud‑Din Pal, Muhammad Zain‑ul‑Abedin, Tanvir Ahmad, Muhammad Asghar Malik, Muhammad Zaman Qureshi, Ch. Ghulam Qadir with M. A. Qureshi, Advocate‑on‑Record and Muhammad Asghan Khadim for Petitioners.
- Sh. Aftab, Advocate Supreme Court with Sh. Masud Akhtar, Advocate‑on‑Record with Zamir Hussain Zaidi for Respondents.
Headnotes / Summary
Art. 212(3)--Industrial Relations Ordinance (XXIII of 1969), Ss.2(xxviii) a 22-B(3) (a)--Bank employees--Termination/dismissal from service--Leave to appeal granted to consider questions of law making authoritative decision whether Labour Court has jurisdiction to entertain, try, and adjudicate grievance of workers employed in the Nationalized Banks and Financial Institutions arising out of infringement of any term of award of Wage Commission constituted under S. 38-A of Ordinance (XXIII of 1969)--Whether National Industrial Relations Commission has sole jurisdiction under S. 2f-B (3)(a) of Ordinance to entertain and adjudicate cases of workers employed in the Nationalized Banks and Financial Institutions for redress of their individual grievance guaranteed under any law or an award or settlement--Whether provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 are applicable to cases of workers employed in Nationalized Banks and Financial Institutions--Whether dismissed workers employed in Nationalized Banks and Financial Institutions are not covered by definition of "worker" as embodied in S. 2(xxviii) of Ordinance.
Judgment & Decree
2. The parties aggrieved by the orders passed in these petitions filed appeals before the Punjab Labour Appellate Tribunal, but all these were dismissed. Against the orders passed by the Labour Appellate Tribunal several writ petitions were filed in Lahore High Court which have been decided by the judgment, dated 10‑4‑1985. The High Court held that the Labour Appellate Tribunal had no jurisdiction to decide the cases brought by the petitioners.
3. It is in these circumstances that petitioners have filed these petitions before us for leave to appeal from the judgment of the High Court.
4. All the learned counsel appearing before us state that the petitions involve the following important questions of law which deserve authoritative decision of this Court. (a) Whether the Labour Courts constituted under section 35 of the Industrial Relations Ordinance, 1969 have jurisdiction to entertain, try and adjudicate the grievances of workers employed in the Nationalized Banks and Financial Institutions arising out of the infringement of any term of the award of Wage Commission constituted under section 38‑A of the Industrial Relations Ordinance, 1969? (b) Whether the National Industrial Relations Commission has sole jurisdiction under section 22‑B (3) (a) of the Industrial Relations Ordinance, 1969 to entertain and adjudicate cases of workers employed in the Nationalized Banks and Financial Institutions for redress of their individual grievance guaranteed under any law or an award or settlement? (c) Whether the provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 are applicable to the cases of workers employed in the Nationalized. Banks and Financial Institutions? (d) Whether dismissed workers employed in the Nationalized Banks and Financial Institutions are not covered by the definition of 'worker' as embodied in section 2 (xxviii) of the Industrial Relations Ordinance, 1969?
5. Since the aforesaid questions of law, amongst others, are Likely to govern large number of cases, it is necessary that an authoritative decision of this Court be rendered. Leave to appeal is granted in all the petitions, subject however, that in five petitions, namely C.P.S.L.A. No.689 of 1985; C.P.S.L.A. No.713 of 1985; C.P.S.L.A. No.747 o 1985; C.P.S.L.A. No.818 of 1985 and C.P.S.L.A. No.957 of 1985, the question of bar of limitation will be considered at the regular hearing.
6. Security Rs.500 in each case. The appeals arising out of these petitions will be heard together on the present record. The parties are however, at liberty to file additional documents, if any.
7. The interim order of this Court, dated 29th May, 1985 in C.P.S.L.A. No.481 of 1985 is confirmed in terms it is clarified by the subsequent order of this Court dated 16‑9‑1985 passed in C . P . S . L. A . No.502 of 1985. M. I. Leave granted.