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1986 SCMR 953

ABDUL LATIF QURESHI And Another vs CHAIRMAN, PUNJAB LABOUR APPELLATE

Citation1986 SCMR 953
CourtSupreme Court of Pakistan
Judge(s)Abdul Qadir Sheikh
ResultLeave granted

All these petitions involve certain common facts and questions of law and these were, therefore, heard together. Petitioners are employees of respondent-Banks and their services were terminated or they were dismissed from service. They challenged the validity of these orders before the Labour Court through petitions under section 25-A of Industrial Relations Ordinance. Most of these petitions succeeded, some were however, dismissed.

2. The parties aggrieved by the orders passed in these petitions filed appeals before the Punjab Labour Appellate Tribunal, but all these were dismissed. Against the orders passed by the Labour Appellate Tribunal several writ petitions were filed in Lahore High Court which have been decided by the judgment, dated 10-4-1985. The High Court held that the Labour Appellate Tribunal had no jurisdiction to decide the cases brought by the petitioners.

3. It is in these circumstances that petitioners have filed these petitions before us for leave to appeal from the judgment of the High Court.

4. All the learned counsel appearing before us state that the petitions involve the following important questions of law which deserve authoritative decision of this Court.

(a) Whether the Labour Courts constituted under section 35 of the Industrial Relations Ordinance, 1969 have jurisdiction to entertain, try and adjudicate the grievances of workers employed in the Nationalized Banks and Financial Institutions arising out of the infringement of any term of the award of Wage Commission constituted under section 38-A of the Industrial Relations Ordinance, 1969?

(b) Whether the National Industrial Relations Commission has sole jurisdiction under section 22-B

(3) (a) of the Industrial Relations Ordinance, 1969 to entertain and adjudicate cases of workers employed in the Nationalized Banks and Financial Institutions for redress of their individual grievance guaranteed under any law or an award or settlement?

(c) Whether the provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 are applicable to the cases of workers employed in the Nationalized.

Banks and Financial Institutions?

(d) Whether dismissed workers employed in the Nationalized Banks and Financial Institutions are not covered by the definition of 'worker' as embodied in section 2 (xxviii) of the Industrial Relations Ordinance, 1969?

5. Since the aforesaid questions of law, amongst others, are Likely to govern large number of cases, it is necessary that an authoritative decision of this Court be rendered. Leave to appeal is granted in all the petitions, subject however, that in five petitions, namely C.P.S.L.A. No.689 of 1985; C.P.S.L.A.

No.713 of 1985; C.P.S.L.A. No.747 o 1985; C.P.S.L.A. No.818 of 1985 and C.P.S.L.A. No.957 of 1985, the question of bar of limitation will be considered at the regular hearing.

6. Security Rs.500 in each case. The appeals arising out of these petitions will be heard together on the present record. The parties are however, at liberty to file additional documents, if any.

7. The interim order of this Court, dated 29th May, 1985 in C.P.S.L.A. No.481 of 1985 is confirmed in terms it is clarified by the subsequent order of this Court dated 16-9-1985 passed in C . P . S . L. A .

No.502 of 1985.

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