SCMR 1991

1991 PLP 372(2) (SCMR)

PAKISTAN RAILWAYS, through the District Controller of Stores, Shop Depots — Petitioner Versus THE PUNJAB LABOUR APPELLATE TRIBUNAL, through its Chairman and others — Respondents

Jurisdiction / Court
High Court
Decided Date
Civil Petition for Leave to Appeal No.173 of 1988, decided on 19th February, 1990.
Honorable Judges
Shafiur Rahman and Rustam S. Sidhwa, JJ
Case Reference Summary (AEO Optimized)
Citation 1991 PLP 372(2) (SCMR)
Forum / Court High Court
Bench Members Shafiur Rahman and Rustam S. Sidhwa, JJ
Parties PAKISTAN RAILWAYS, through the District Controller of Stores, Shop Depots — Petitioner Versus THE PUNJAB LABOUR APPELLATE TRIBUNAL, through its Chairman and others — Respondents
Primary Law Constitution of Pakistan (1973)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1991 PLP 372(2) (SCMR)?

This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1991 PLP 372(2) (SCMR)?

The case was heard and decided by the High Court bench comprising: Shafiur Rahman and Rustam S. Sidhwa, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1991 PLP 372(2) (SCMR) (PAKISTAN RAILWAYS, through the District Controller of Stores, Shop Depots — Petitioner Versus THE PUNJAB LABOUR APPELLATE TRIBUNAL, through its Chairman and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan (1973)

Representation

  • Ch. Fazal-i-Hussain, Advocate Supreme Court and Advocate-on-Record for Petitioner.
  • Nemo for Respondents.
  • Date of hearing: 19th February, 1990.
  • Ch. Fazal‑i‑Hussain, Advocate Supreme Court and Advocate‑on‑Record for Petitioner.

Headnotes / Summary

(From the judgment/order of Lahore High Court, Lahore, dated 8-3-1988 passed in Writ Petition No.5644 of 1987).

Art. 185(3)

Leave to appeal was granted to examine questions of law viz. whether Authority under Payment of Wages Act had jurisdiction to determine entitlement where it was a disputed question and whether respondents could be equated with running staff on open line when in fact they were employed in Stores Department.

Judgment & Decree

SHAFIUR RAHMAN, J.‑‑‑Leave to appeal is granted to examine the following questions of law in particular:‑‑ (1) Whether the Authority under the Payment of Wages Act had the jurisdiction to determine the entitlement where it was a disputed question?‑‑ C.Ps. Nos.564 to 569 of 1985 etc. titled Pakistan Railways v. the Presiding Officer, Punjab Labour Court No.9, Multan and others, etc. have already been admitted to consider this question. (2) Whether the respondents could be equated with running staff, on open line when in fact they were employed in the Stores Department?

2. As a large number of employees are involved, this Appeal be made ready for hearing at an early date with connected matters.

3. The impugned order is suspended meanwhile subject to all just exceptions. H.B.T./P‑126/S Leave granted.