1995 PLP 528 (PLC)
NASIR‑UD‑15IN MALIK Versus CHAIRMAN, RAILWAY BOARD, GOVERNMENT OF PAKISTAN, MINISTRY OF RAILWAYS and 2 others
| Citation | 1995 PLP 528 (PLC) |
| Forum / Court | Labour Appellate Tribunal Punjab |
| Bench Members | Sardar Muhammad Abdul Ghafoor Khan Lodhi, Appellate Tribunal |
| Parties | NASIR‑UD‑15IN MALIK Versus CHAIRMAN, RAILWAY BOARD, GOVERNMENT OF PAKISTAN, MINISTRY OF RAILWAYS and 2 others |
Q1: What are the key laws and sections cited in 1995 PLP 528 (PLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 PLP 528 (PLC)?
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: 1995 PLP 528 (PLC) (NASIR‑UD‑15IN MALIK Versus CHAIRMAN, RAILWAY BOARD, GOVERNMENT OF PAKISTAN, MINISTRY OF RAILWAYS and 2 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Qamar Riaz Hussain for Appellant.
- Muhammad Nawaz for Respondents.
- Date of hearing: 30th November, 1986.
Headnotes / Summary
Industrial Relations Ordinance (XXIII of 1969)‑‑‑ ‑‑‑‑Ss. 2(xxviii), 25‑A & 38(3)‑‑‑"Workman"‑‑‑Person removed from service, whether ceases to be a workman‑‑‑Matter‑ pending adjudication before Supreme Court‑‑‑Labour Court on plea of want of jurisdiction, dismissing grievance petition of Railway workman against removal from service‑‑‑Held: Petition could be accepted or dismissed by forum which had jurisdiction‑‑ Proper course for a Labour Court, in circumstances, was to return petition for presentation before proper forum‑‑‑Order of Labour Court converted by Appellate Tribunal to that of return of petition with direction that in case Supreme Court, held, such persons still workmen petitioners/appellants would be entitled to get his petition decided by Labour Court. 1985 PLC 1053 ref.
Judgment & Decree
This is an appeal directed against the decision dated 12‑6‑1986 recorded by the learned Presiding Officer, Punjab Labour Court No.2, Lahore, whereby the grievance petition has been dismissed for want of jurisdiction following 1985 PLC 1053.
2. The order of dismissal of the appellant is wrong. A case can be accepted or dismissed by the forum which has jurisdiction Since the learned lower Court held that it had no jurisdiction, the proper order was to return the petition for presentation to the proper forum. No doubt the High Court has in 1985 PLC 1053 held that persons removed from service in cases where Standing Orders Ordinance, 1968 is not applicable, cease to remain covered by the definition of workman given in section 2 (xxviii) of the Industrial Relations Ordinance, 1969 but the said ruling has not gained finality as it stands challenged in the Supreme Court.
3. As a result, the appeal is partly accepted and converting the order of dismissal into an order of return of the grievance petition for presentation to the proper forum, it is directed that if the Supreme Court holds in various appeals pending before it that such persons are covered by the definition of workman given in the Industrial Relations Ordinance, 1969, the appellant will be entitled to get his grievance petition decided by the learned lower Court on merits. A.E./242/Lb.P Appeal partly accepted.