1989 PLP 625 (PLC(CS))
RAFIQ HUSSAIN Versus DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, WORKSHOP DIVISION
| Citation | 1989 PLP 625 (PLC(CS)) |
| Forum / Court | Labour Appellate Tribunal Punjab |
| Bench Members | Sardar Muhammad Abdul Ghafoor Khan Lodhi, Appellate Tribunal, |
| Parties | RAFIQ HUSSAIN Versus DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, WORKSHOP DIVISION |
| Primary Law | Industrial Relations Ordinance (XXIII of 1969‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 625 (PLC(CS))?
This judgment primarily cites: Industrial Relations Ordinance (XXIII of 1969‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 625 (PLC(CS))?
The case was heard and decided by the Labour Appellate Tribunal Punjab bench comprising: Sardar 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: 1989 PLP 625 (PLC(CS)) (RAFIQ HUSSAIN Versus DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, WORKSHOP DIVISION). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Hakim Awan for Appellant.
- Date of hearing: 28th November, 1988.
Headnotes / Summary
‑‑‑Ss.2(xxviii), 25‑A & 38(3)‑‑"Workman"‑‑Person retired from service‑‑No longer a workman in order to invoke jurisdiction of Labour Court‑‑Labour Court dismissing grievance petition claiming retirement benefits on merits‑‑Plea at appellate stage that objection regarding jurisdiction was not raised before Labour Court nor petition was dismissed on that ground, repelled‑‑Held: Since Labour Courts have no jurisdiction in such cases even if appeal is accepted the or , would be a futile order as being without jurisdiction.
Judgment & Decree
‑‑‑Ss.2(xxviii), 25‑A & 38(3)‑‑"Workman"‑‑Person retired from service‑‑No longer a workman in order to invoke jurisdiction of Labour Court‑‑Labour Court dismissing grievance petition claiming retirement benefits on merits‑‑Plea at appellate stage that objection regarding jurisdiction was not raised before Labour Court nor petition was dismissed on that ground, repelled‑‑Held: Since Labour Courts have no jurisdiction in such cases even if appeal is accepted the or , would be a futile order as being without jurisdiction. Abdul Hakim Awan for Appellant. Date of hearing: 28th November, 1988. This is an appeal challenging the decision dated 24‑9‑1988 recorded by learned Presiding Officer, Punjab Labour Court No.7, Gujranwala whereby the grievance petition of the appellant for his retirement benefits was dismissed.
2. This is an admitted fact that on the date on which the grievance petition' was brought by the appellant he was no longer in service and had been retired prior to that. According to the view taken by the Hon'ble Lahore High Court, Lahore a person who is out of service on the date on which he brings application under section 25‑A of the Industrial Relations Ordinance, 1969 is no longer a workman and the Labour Courts have no jurisdiction. This decision has been given by the Hon'ble High Court, Lahore after the cases were remanded by the Hon'ble Supreme Court for re‑decision.
3. Learned counsel for the appellant has argued that no objection with regard to the jurisdiction was taken before the learned lower Court nor the petition has been dismissed on this ground. No doubt, this so but since according to the view taken by the Hon'ble High Court, in such cases the Labour Courts have no jurisdiction, if at all, the appeal is accepted it would be a futile order as being without jurisdiction.
4. As a result the appeal fails and is dismissed. A.E./629/Lb.P Appeal dismissed.