This writ petition has been filed to challenge order dated 16.09.2016 passed by the Punjab Labour Appellate Tribunal.
2. It is stated that the petitioner took disciplinary action against Respondents No. 1 to 3 under the provisions of Punjab Employees Efficiency , Discipline and Accountability Act, 2006 (PEEDA ) and as such the jurisdiction of the labour Court was barred to entertain and adjudicate upon the grievance petition filed by the said respondents.
3. The Hon'ble Supreme Court in C.A. No. 1842 of 2019 titled Gujranwala Electricity Power Company Limited v.
Punjab Labour Appellate T ribunal and others has held as under: In the very first place, the very grieva nce petition filed by the respondent before Labour Court, was not maintainable for that the action taken against the respondent was under the RSO, 2000, which being a statutory law and thus, Standing Order Ordinance was not applicable to the case, in which the right of filing of grievance petition in the Labour Court has been given to a worker .
Similarly , the Hon'ble Supreme Court in the case of Bashir Ahmad and others v. The Director General, Lahore Development Authority , Lahore and others 2020 SCMR 471 has held that where an employee has been proceeded against under a statue or statutory rules of service and the same do not provid e any remedy before a specific forum, his remedy will 'lie before the High Court by way of a constitutional petition.
3. Learned counsel for Respondents No. 1 and 3 in view of the law laid down in the aforementioned has nothing much to say as the said respondents were proceeded against under the provisions of PEEDA. The law laid down by the Hon'ble Supreme Court is fully applicable to the facts of the present case.
4. In the circumstances, this writ petition is allowed and order dated 16.09.2016 passed by the Punjab Labour Appellate Tribunal is set aside. Respondents No. 1 to 3 may challenge the order passed against them by the