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1989 PLC 687

MUSLIM COMMERCIAL BANK Ltd. vs AKBAR ALI

Citation1989 PLC 687
CourtLabour Appellate Tribunal
Case No.Appeals Nos.SL-383 of 1984 and SL. 102 of 1985
Date1986-03-10
Judge(s)Sardar Muhammad Abdul Ghafoor Khan Lodhi
ResultAppeals accepted

' In the two appeals captioned above the decisions dated 30-5-1985 and 28-1-1985 recorded by the learned Presiding Officer, Punjab Labour Court No,9, Multan have been challenged whereby the grievance petitions of the respondents for their reinstatement in service were accepted without back benefits. The respondents have brought cross-objections for claiming back benefits which are being disposed of along with the appeals.

2. It has been agreed between the parties that the appeals and cross-objections be disposed of on the point of jurisdiction only. It has been held by the Lahore High Court in 1985 PLC 1053 that bank employees no longer in service cease to remain workmen and thus cannot invoke the jurisdiction of the Labour Courts. It has been further observed that the Wage Commission Award not being an award as defined in the Industrial Relations Ordinance, 1969, its infringement cannot be remedied by the Lahore Courts but by the N.I.R.C. The learned counsel for the respondents have not been able to cite any other authority in which contrary view may have been taken. Since the orders passed by the Labour Courts and this Tribunal are subject to writ jurisdiction of Lahore High Court, the rulings of the said Court are to be necessarily followed even though personal views of this Tribunal may be different. I, therefore, following the above mentioned ruling hold that the learned lower Court had no jurisdiction.

3. As a result of the observations made above, the appeals are accepted on the point of jurisdiction only, and setting aside the impugned decision of the learned lower Court, the grievance petitions are directed to be returned to the respondents for presentation to the proper forum. Since the very direction of reinstatement of the respondents has been set aside, no question of allowing back benefits to the respondents arises and thus the cross-objections filed in both the appeals are dismissed.

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