1986 PLP 375 (SCMR)
IFTIKHAR AHMED‑‑Petitioner Versus PRESIDENT, NATIONAL BANK OF PAKISTAN and 2 others‑‑Respondents
| Citation | 1986 PLP 375 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain, Actg. C.J, Abdul Kadir Shaikh and S. A. Nusrat, JJ |
| Parties | IFTIKHAR AHMED‑‑Petitioner Versus PRESIDENT, NATIONAL BANK OF PAKISTAN and 2 others‑‑Respondents |
| Primary Law | C.P.S.L.A. No. 669 of 1985, C.P.S.L.A. No. 439 of 1985, C.P.S.L.A. No. 656 of 1985 |
Q1: What are the key laws and sections cited in 1986 PLP 375 (SCMR)?
This judgment primarily cites: C.P.S.L.A. No. 669 of 1985, C.P.S.L.A. No. 439 of 1985, C.P.S.L.A. No. 656 of 1985, C.P.S.L.A. No. 553 of 1985, C.P.S.L.A. No. 606 of 1985, C.P.S.L.A. No. 531 of 1985, C.P.S.L.A. No. 597 of 1985, C.P.S.L.A. No. 543 of 1985, C.P.S.L.A. No. 584 of 1985, C.P.S.L.A No, 328/R of 1985, C.P.S.L.A. No. 484 of 1985, C.P.S.L.A. No. 546 of 1985, C.P.S.L.A. No. 587 of 1985, C.P.S.L.A. No. 607 of 1985, C. P. S. L. A. No. 482 of 1985?, C.P.S.L.A. No. 521 of 1985, C.P.S.L.A. No. 684 of 1985, C.P.S.L.A. No. 680 of 1985, C.P.S.L.A. No. 525 of 1985, C.P.S.L.A. No. 533 of 1985, C.P.S.L.A. No. 545 of 1985, C.P.S.L.A. No. 608 of 1985, C.P.S.L.A. No. 537 of 1985, C.P.S.L.A. No. 616 of 1985, C.P.S.L.A. No. 547 of 1985, C.P.S.L.A. No. 548 of 1985, C.P.S.L.A. No. 502 of 1985, C.P.S.L.A. No. 690 of 1985, C.P.S.L.A. No. 557 of 1957, C.P.S.L.A. No. 532 of 1985, C.P.S.L.A. No. 583 of 1985, C.P.S.L.A. No. 713 of 1985, C.P.S.L.A. No. 417 of 1985, C.P.S.L.A. No. 509 of 1985, C.P.S.L.A. No. 508 of 1985, C.P.S.L.A. No. 490 of 1985, C.P.S.L.A. No. 523 of 1985, C.P.S.L.A. No. 689 of 1985, C.P.S.L.A. No. 538 of 1985, C.P.S.L.A. No. 544 of 1985, C.P.S.L.A. No. 598 of 1985, C.P.S.L.A. No. 483 of 1985, C.P.S.L.A. No. 660 of 1985, C.P.S.L.A. No. 957 of 1985, C.P.S.L.A. No. 682 of 1985, C.P.S.L.A. No. 747 of 1985, C.P.S.L.A. No. 676 of 1985, C.P.S.L.A. No. 818 of 1985, C.P.S.L.A. No. 659 of 1985, C.P.S.L.A No. 481 of 1985, C.P.S.L.A. No. 485 of 1985, C.P.S.L.A. No. 609 of 1985, C.P.S.L.A. No. 526 of 1984, C.P.S.L.A. No. 658 of 1985, C.P.S.L.A. No. 520 of 1985, C.P.S.L.A. No. 536 of 1985, C.P.S.L.A. No. 685 of 1985, C.P.S.L.A. No. 503 of 1985, C.P.S.L.A. No. 699 of 1985, C.P.S.L.A. No. 501 of 1985, C.P.S.L.A. 436 of 1985, C.P.S.L.A. No. 555 of 1985, C.P.S.L.A. No. 507 of 1985, C.P.S.L.A. No. 678 of 1985, C.P.S.L.A. No. 589 of 1985, C.P.S.L.A. No. 317/R of 1985, C.P.S.L.A. 462 of 1985 ???????? ?, C.P.S.L.A No. 422 of 1985, C.P.S.L.A. No. 657 of 1985 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1986 PLP 375 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain, Actg. C.J, Abdul Kadir Shaikh and S. A. Nusrat, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1986 PLP 375 (SCMR) (IFTIKHAR AHMED‑‑Petitioner Versus PRESIDENT, NATIONAL BANK OF PAKISTAN and 2 others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khan Imtiaz Muhammad Khan, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Ch. Sadiq Muhammad Warraich, Advocate Supreme Court for Petitioner.
- Kh. M. Farooq, Advocate Supreme Court with Ch. Akhtar Ali, Advocate‑on‑Record for Respondent No. 1.
- Mirza Anwar Beg, Advocate Supreme Court Instructed by Imtiaz Muhammad Khan, Advocate‑on‑record for Petitioner.
- Ch. Akhtar Ali, Advocate‑on‑Record for Respondent No. 1.
- Sh. Aftab Ahmed, Advocate Supreme Court with Rashid Akhtar, Advocate‑on‑Record for respondents.
- Muhammad Zain‑ul‑Abedin Advocate Supreme Court instructed by Muhammad Aslam Chaudhry Advocate‑on‑Record (absent) for Petitioner.
- Nemo for Respondents.
- Muhammad Asghar Malik, Advocate Supreme Court for Petitioner.
- Nemo for Respondents.
- Ch. Ghulam Qadir, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate-on‑Record (absent) for Petitioner.
- Nemo for Respondents. ??????????
- Zaki‑ud‑Din Pal, Senior Advocate Supreme Court instructed by Mahmood A. Qureshi, Advocate‑on-record for Petitioner.
- Sh. Aftab Hussain, Advocate Supreme Court with Sh. Masud Akhtar, Advocate‑on‑Record for respondent No. 1.
- Sh. Aftab Hussain, Advocate Supreme Court with Sh. Masood Akhter, Advocate‑on‑Record for respondents.
- Asghar Khadim, Advocate supreme Court instructed by Mahmood A. Qureshi Advocate‑on‑Record for Petitioner.
- Sh. Aftab Hussain, Advocate Supreme Court with Sh. Masud Akhtar, Advocate‑on‑Record for respondents.
- Asghar Khadim, Advocate Supreme Court instructed by Mahmood A. Qureshi, Advocate‑on‑Record for Petitioner.
- Asghar Khadim, Advocate Supreme Court instructed by Mahmood A . Qureshi, Advocate‑on‑Record for Petitioner.
- Sh. Aftab Hussain, Advocate Supreme Court with Sh. Masud Akhtar, Advocate‑on‑Record for respondents.
- Asghar Khadim, Advocate Supreme Court instructed by Mahmood A. Qureshi, Advocate‑on‑Record for Petitioner.
- Sh. Aftab Hussain, Advocate Supreme Court with Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Asghar Khadim, Advocate Supreme Court instructed by Mahmood A. Qureshi, Advocate‑on‑Record for Petitioner.
- Sh. Aftab Hussain, Advocate Supreme Court with Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Ch. M.A. Khadim, Advocate Supreme Court with Mahmood A. Qureshi, Advocate‑on‑Record for Petitioner.
- Sh. Aftab Hussain, Advocate Supreme Court with Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Ch. M.A. Khadim, Advocate Supreme Court instructed by Mahmood A. Qureshi, Advocate‑on‑Record for Petitioner.
- Sh. Aftab Hussain, Advocate Supreme Court with Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Ch. M.A. Khadim, Advocate Supreme Court instructed by Mahmood A. Qureshi, Advocate‑on‑Record for Petitioner.
- Sh. Aftab Hussain, Advocate Supreme Court with Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Ch. M.A. Khadim, Advocate Supreme Court with Mahmood A. Qureshi, Advocate‑on‑Record for Petitioner.
- Sh. Aftab Hussain, Advocate Supreme Court with Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Ch. M.A. Khadim, Advocate Supreme Court instructed by Mahmood A. Qureshi, Advocate‑on‑Record for Petitioner.
- Sh. Aftab Hussain, Advocate Supreme Court with Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Ch. M.A. Khadim, Advocate Supreme Court with Mahmood A. Qureshi, Advocate‑on‑Record for Petitioner.
- Sh. Aftab Hussain, Advocate Supreme Court with Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Muhammad Zaman Qureshi, Advocate Supreme Court for Petitioner.
- Sh. Aftab Hussain, Advocate Supreme Court with Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Muhammad Zaman Qureshi, Advocate Supreme Court for Petitioner.
- Sh. Aftab Hussain, Advocate Supreme Court with Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Tanvir Ahmad, Advocate‑on‑Record for Petitioner.
- Sh. Aftab Hussain, Advocate Supreme Court with Sh. Masud Akhtar, Advocate‑on‑Record for Respondents
- Muhammad Zaman Qureshi, Advocate Supreme Court for Petitioner.
- Nemo?? for Respondent.
- Muhammad Zaman Qureshi, Advocate Supreme Court for Petitioner.
- S.M. Zamir Zaidi, Advocate Supreme Court with Sh. Masud Akhtar, Advocate‑on‑Record for Respondent.
- Nemo?? for Petitioner.
- Sh. Aftab Hussain, Advocate Supreme Court with Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Ch. M.A. Khadim, Advocate Supreme Court with Mahmood A. Qureshi, Advocate‑on‑Record for Petitioner.
- S.M. Zamir Zaidi, Advocate Supreme Court with Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Ch. M.A. Kahdim Advocate Supreme Court instructed by Mahmood A. Qureshi, Advocate‑on‑Record for Petitioner.
- Nemo?? for Respondents.
- Muhammad Asghar Malik, Advocate Supreme Court for Petitioner.
- Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Muhammad Asghar Malik, Advocate Supreme Court for Petitioner.
- Nemo?? for Respondents.
- Muhammad Asghar Malik, Advocate Supreme Court for Petitioner.
- Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Muhammad Asghar Malik, Advocate Supreme Court for Petitioner.
- Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Nemo?? for Petitioner.
- Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Muhammad Asghar Malik (absent) for Petitioner.
- Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Muhammad Asghar Malik, Advocate Supreme Court (absent) for Petitioner.
- Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Muhammad Asghar Malik, Advocate Supreme Court (absent) for Petitioner.
- Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Muhammad Asghar Malik, Advocate Supreme Court (absent) for Petitioner.
- Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Muhammad Asghar Malik, Advocate Supreme Court (absent) for Petitioner.
- Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Tanvir Ahmad, Advocate‑on‑Record for Petitioner.
- Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Ch. M.A. Khadim, Advocate Supreme Court instructed by Mahmood A. Qureshi, Advocate‑on‑Record for Petitioner.
- Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Muhammad Asghar Malik, Advocate Supreme Court (absent) for Petitioner.
- Nemo?? for Respondent.
- Muhammad Asghar Malik, Advocate Supreme Court (absent) for Petitioner.
- Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Nemo?? for Petitioner.
- Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Nemo?? for Petitioner.
- Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Nemo?? for Petitioner.
- Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Nemo?? for Petitioner.
- Nemo?? for Respondents.
- Muhammad Asghar Malik, Advocate Supreme Court for Petitioner.
- Nemo for Respondents.
- Muhammad Asghar Malik, Advocate Supreme Court for Petitioner.
- Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Muhammad Asghar Malik, Advocate Supreme Court for Petitioner.
- Nemo for Respondents.
- Muhammad Asghar Malik, Advocate Supreme Court for Petitioner.
- Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Muhammad Asghar Malik, Advocate Supreme Court for Petitioner.
- Muhammad Asghar Malik, Advocate Supreme Court for Petitioner.
- Nemo?? for Respondents.
- Muhammad Asghar Malik, Advocate Supreme Court for Petitioner.
- Nemo?? for Respondents.
- Muhammad Asghar Malik, Advocate Supreme Court for Petitioner.
- Nemo?? for Respondents.
- Muhammad Asghar Malik, Advocate Supreme Court for Petitioner.
- Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Nemo for Petitioner.
- Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Muhammad Asghar Malik, Advocate Supreme Court with Muhammad Aslam Choudhry, Advocate‑on‑Record for Petitioner.
- Nemo?? for Respondents.
- Muhammad Asghar Malik, Advocate Supreme Court with Muhammad Aslam Choudhry, Advocate‑on‑Record for Petitioner.
- Nemo?? for Respondents.
- Mahmood A. Qureshi, Advocate Supreme Court/Advocate‑on?-Record for Petitioner.
- Nemo?? for Respondents.
- Ch. Qamar‑ud‑Din Khan Meo, Advocate‑on‑Record (absent) for Petitioner.
- Nemo?? for Respondents.
- Muhammad Asghar Malik, Advocate Supreme Court with Muhammad Aslam Choudhry, Advocate‑on‑Record for Petitioner.
- Sh. Masood Akhter, Advocate‑on‑Record for Respondents.
- S. Manzoor Hussain Bokhari, Advocate Supreme Court with Rana Maqbool Ahmed Qadri, Advocate‑on‑Record for Petitioner.
- Sh. Masood Akhter, Advocate‑on‑Record for Respondents.
- Mahmood A. Qureshi,? Advocate‑on‑‑Record for Petitioner.
- Nemo?? for Respondents.
- Bashir Ahmed, Advocate Supreme Court (absent) with Mahmood A. Qureshi, Advocate‑on‑Record for Petitioner.
- Sheikh Masood Ahmed, Advocate‑on‑Record for Respondents.
- Ch. Ghulam Qadir Cheema, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner.
- Ch. Ghulam Qadir Cheema for Petitioner. Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Nemo for Petitioner.
- Muhammad Zeman Qureshi, Advocate Supreme Court for Petitioner.
- Nemo?? for Respondent.
- Nemo?? for Petitioner.
- Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Muhammad Asghar Malik, Advocate Supreme Court for Petitioner.
- Sh. Masood Akhtar, Advocate‑on‑Record for Respondents.
- M.A. Zafar, Advocate Supreme Court for Petitioner.
- ?Nemo for Respondents.
- Date of hearing: 20th October, 1985.
- Zaki‑ud‑Din Pal, Senior Advocate Supreme Court with Mahmood A. Qureshi, Advocate‑on‑Record-on Petitioner.
- Asghar Khadim; Advocate l4pareme Court instructed by Mahmood A. Qureshi, Advocate‑on‑Recordi4 Petitioner.
- Sh. Aftab Hussain Advocate Supreme Court with Sh. Masud Akhtar Advocate‑on-Record for Supreme Court with Sh. Masud
- Sh. Masud Akhtar, Advocate‑on‑Record for the Respondents
- Sh. Masood Akhter, Advocate‑on‑Record for the Respondents.
- Bashir Ahmed, Advocate Supreme Court (absent) with Mahmood A. Qureshi, Advocate‑on‑Record for the Petitioner.
- Sh. Masood Ahmed, Advocate‑on‑Record for the Respondents
- Sh. Masud Akhtar, Advocate‑on‑Record for the Respondents.
Headnotes / Summary
(a) Constitution of Pakistan (1973)‑‑ ‑‑‑Art. 185(3)‑‑Industrial Relations Ordinance (XXIII of 1969), Ss. 35 & 38‑A‑‑Leave to appeal granted to consider questions, whether Labour Courts constituted under S.35 of Industrial Relations Ordinance, 1969 had jurisdiction to entertain, try and adjudicate grievance of workers employed in nationalised Banks and financial institutions arising out of infringement of any term of award of Wage Commission constituted under S.38‑A of Industrial Relations Ordinance, 1969.? (b) Constitution of Pakistan (1973)‑‑ ‑‑‑Art. 185(3)‑‑Industrial Relations Ordinance (XXIII of 1969), S. 22‑B (3)(a)‑‑Leave to appeal granted to consider question, whether National Industrial Relations Commission had sole jurisdiction under S.22‑B(3)(a) of Industrial Relations Ordinance, 1969 to entertain and adjudicate cases of workers employed in nationalised Banks and financial institutions for redress of their individual grievance guaranteed under any law or an award or settlement. (c) Constitution of Pakistan (1973)‑‑ ‑‑Art. 185(3)‑‑West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)‑‑Leave to appeal granted to consider question, whether provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 were applicable to cases of workers employed in nationalized Banks and financial institutions.? (d) Constitution of Pakistan (1973)‑‑ ‑‑‑Art. 185(3)‑‑Industrial Relations Ordinance (XXIII of 1969), S.2 (xxviii)‑‑Leave to appeal granted to consider question, whether dismissed workers employed in nationalized Banks and financial institutions were not covered by definition of 'worker' as embodied in S.2(xxviii) of Industrial Relations Ordinance, 1969.? Zaki‑ud‑Din Pal, Senior Advocate Supreme Court with Mahmood A. Qureshi, Advocate‑on‑Record-on Petitioner. Asghar Khadim; Advocate l4pareme Court instructed by Mahmood A. Qureshi, Advocate‑on‑Recordi4 Petitioner. Sh. Aftab Hussain Advocate Supreme Court with Sh. Masud Akhtar Advocate‑on-Record for Supreme Court with Sh. Masud ? ] C.P.S.L.A. No. 619 of 1985 Sh. Masud Akhtar, Advocate‑on‑Record for the Respondents C.P.S.L.A. No. 620 of 1985 Sh. Masood Akhter, Advocate‑on‑Record for the Respondents. Bashir Ahmed, Advocate Supreme Court (absent) with Mahmood A. Qureshi, Advocate‑on‑Record for the Petitioner. Sh. Masood Ahmed, Advocate‑on‑Record for the Respondents Sh. Masud Akhtar, Advocate‑on‑Record for the Respondents.
Judgment & Decree
ABDUL KADIR SHAIKH, J.‑‑All these petitions involve certain common facts and questions of law and these were, therefore, heard together. Petitioners are employees of respondent‑Banks and their services were terminated or they were dismissed from service. They challenged the validity of these orders before the Labour Courts through petitions under section 25‑A of Industrial Relations Ordinance. Most of these petitions succeeded, some were however, dismissed. 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 common judgment, dated 10‑4‑1985. The High Court held that the Labour Appellant Tribunal had no jurisdiction to decide the cases brought by the petitioners. It is in these circumstances that petitioners have filed these petitions before us for leave to appeal from the judgment of the High Court. 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? Since the aforesaid questions of law, amongst ethers, 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 of 1985; C.P.S.L.A. No. 818 of 1985 and C.P.S.L.A. No. 957 of 1985,1 the question of bar of limitation will be considered at the regular hearing. 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. The interim order of this Court, dated 29th May, 1985 in C.P.S.L.A. 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.Y.H.??????????????????????????????????????????????????????????????????????????????????? ??????????? Leave granted.