1999 PLP 272 (PLC)
MUBASHAR ALI and others Versus MAJOR ENGINEER GARRISON
| Citation | 1999 PLP 272 (PLC) |
| Forum / Court | Labour Appellate Tribunal Punjab |
| Bench Members | Mian Ghulam Ahmad, Chairman |
| Parties | MUBASHAR ALI and others Versus MAJOR ENGINEER GARRISON |
Q1: What are the key laws and sections cited in 1999 PLP 272 (PLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 272 (PLC)?
The case was heard and decided by the Labour Appellate Tribunal Punjab bench comprising: Mian Ghulam Ahmad, Chairman.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 272 (PLC) (MUBASHAR ALI and others Versus MAJOR ENGINEER GARRISON). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Sh. Abdul Qayum and Qamar Riaz Hussain for Appellants.
- Mian Jaffar Hussain for Respondents. .
Headnotes / Summary
Industrial Relations Ordinance (XXIII of 1969)‑‑‑ ‑‑‑‑Ss. 1(3)(a) & 25‑A‑‑‑Grievance petition‑‑‑Maintainability‑‑‑Employer (Military Engineering Services) was under control of Ministry of Defence and its role was to construct buildings for Armed Forces‑‑‑Employer's Head Office was in Army General Headquarter, Rawalpindi and an Army Officer in uniform was its incharge and salaries of its employees were also sanctioned by Army General Headquarter ‑‑‑Defence Service Regulation governed the terms and conditions of service of such employees‑‑‑Provisions of Industrial Relations Ordinance, 1969 were not applicable to employees of, Military Engineering Service and, thus, could not have access to .Labour Forum for redress of their grievances, especially when employer had not been established to be an Industrial and Commercial Organization‑‑‑Labour Court, in circumstances, had rightly returned grievance petition for presentation before appropriate forum holding that it had no jurisdiction in the matter. Rehmat Gill v. Quetta Cantonment Board and another v. Quetta Cantonment Board Civil Appeals Nos. 43 and 44 of 1980 ref.
Judgment & Decree
Seven appeals, captioned above, having been preferred by the ex -employees of the M.E.S, are proposed to be disposed of by this single judgment.
2. The appellants, had pleaded that they were labourers/work mistries, had wrongfully been ousted from service. They unsuccessfully approached the learned Punjab Labour Court No.1, Lahore, by individually filing grievance petitions under section 25‑A of the Industrial Relations Ordinance. Undoubtedly, as conceded by the aggrieved person themselves M.E.S`(Military Engineering Service) is under the control of the Ministry the Defence, its role being to construct building for the Armed Forces. The M.E.S. Head Quarters in the G.H.Q. Rawalpindi. The salaries of the employees are sanctioned by the Army G.H.Q. Any Army Officer in uniform is the Incharge. The Defence Service Regulation No.133 governs terms and conditions of service of the employees of the M.E.S. The august Supreme Court of Pakistan had held on 24-11-1982, while disposing of Civil Appeal Nos. 43 and 44 of 1980, Rehmat Gill v. Quetta Cantonment Board, and Bahawal v. Quetta Contanment Board that the provision of the Industrial Relation Ordinance, 1969 do not apply to the employees of the Cantonment Board. The employees of the M. E. S. has not been established to be an industrial or commercial organization. This being the factual and legal position the learned Labour Court had rightly held to be having no jurisdiction in these, matter which have been returned for presentation before an appropriate forum.
3. I have given my careful consideration to the pleadings of the parties the evidence available on record and the reasoning of the learned Presenting Officer of Labour Court No. 1 embodied in the impugned decision and I find no reason to differ with the same. I would uphold the impugned decision. The appeal resultantly dismissed being without any merit with no order as to cost. H.B.T./942/Lb.P Appeals dismissed.