1998 PLP 158 (PLC)
CHIEF ENGINEER (WATER) WAPDA, FAISALABAD REGION, FAISALABAD Versus GHULAM RASOOL, SENIOR STORE-KEEPER
| Citation | 1998 PLP 158 (PLC) |
| Forum / Court | National Industrial Relations Commission |
| Bench Members | Muhammad Zaman Qureshi, Chairman, S. Ijaz Hussain Gillani, Senior Member and Bahader Ali, Member |
| Parties | CHIEF ENGINEER (WATER) WAPDA, FAISALABAD REGION, FAISALABAD Versus GHULAM RASOOL, SENIOR STORE-KEEPER |
| Primary Law | Industrial Relations Ordinance (XXIII of 1969) |
Q1: What are the key laws and sections cited in 1998 PLP 158 (PLC)?
This judgment primarily cites: Industrial Relations Ordinance (XXIII of 1969) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 158 (PLC)?
The case was heard and decided by the National Industrial Relations Commission bench comprising: Muhammad Zaman Qureshi, Chairman, S. Ijaz Hussain Gillani, Senior Member and Bahader Ali, Member.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 158 (PLC) (CHIEF ENGINEER (WATER) WAPDA, FAISALABAD REGION, FAISALABAD Versus GHULAM RASOOL, SENIOR STORE-KEEPER). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Iqbal Khokhar for Appellant.
- Waqar Ahmad for Respondent.
Headnotes / Summary
S. 22-A(8)(g)
Petition
Petitioner who was Senior Store-Keeper in WAPDA did not fall within definition of "workman" either under Workmen's Compensation Act, 1923 or Factories Act, 1934
Case of petitioner being related to terms and conditions of service, .National Industrial Relations Commission, lacked jurisdiction to adjudicate in the matter
Petition filed by petitioner under S. 22-A(8)(g) of Industrial Relations Ordinance, 1969 was returned to petitioner for presentation before proper forum. Writ Petition No. 15465 of 1995 and PLD 1988 SC 53 ref.
Judgment & Decree
Writ Petition No. 15465 of 1995 and PLD 1988 SC 53 ref. Muhammad Iqbal Khokhar for Appellant. Waqar Ahmad for Respondent. This appeal arises out of the order dated 1-4-1997 passed by Agha Salim Khurshid, learned Member of this Commission whereby in a petition under section 22-A(8)(g) of the Industrial Relations Ordinance, 1969 filed by the respondent/petitioner, the impugned transfer order dated 27-7-1996 was set aside and respondent (Appellant before this Bench) was directed to consider the case of the respondent for promotion.
2. During the arguments, the learned counsel for the appellant raised a preliminary objection about the jurisdiction of this Commission by arguing that respondent is a civil servant and relying upon the judgment of the Lahore High Court, Lahore in Writ Petition No. 15465 of 1995, dated 25-6-1996 maintained by the Honourable Supreme Court of Pakistan vide judgment dated 27-6-1997, this Commission lacks jurisdiction to adjudicate upon the matter as it relates to the terms and conditions of service of the respondent who is Senior Store-Keeper and does not fall within the definition of workman either under the Workmen's Compensation Act or the Factories Act.
3. The learned counsel for the respondent refuted the above contentions and during lengthy arguments, tried to convince us that since it is a matter of unfair labour practice alleged by the respondent/petitioner, therefore, the Federal Services Tribunal has got no jurisdiction to adjudicate upon the matter in issue nor the same is vested with such powers under any law and it is the exclusive jurisdiction of the National Industrial Relations Commission as enunciated by the Supreme Court of Pakistan in PLD 1988 SC
53. He referred a number of authorities in support of his plea.
4. We may add here that in view of the latest judgment on the point in issue, passed by the High Court and maintained by the Supreme Court of Pakistan, we cannot go into the details of the points raised by the learned counsel for the respondent as we have to strictly follow the law laid down by the High Court and upheld by the Supreme Court. Consequently, the present s a appeal is accepted, the impugned order dated 1-4-1997 passed by the Single Bench is set aside and the petition filed under section 22-A(8)(g) of the Industrial Relations Ordinance, 1969 by the respondent/petitioner is hereby returned to the respondent for presentation before the proper forum. Parties are left to bear their own cost. The file be consigned to record after completing the formalities. H.B.T./288/Lb.NIRC Appeal accepted.