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1989 PLC 625

RAFIQ HUSSAIN vs DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS,

Citation1989 PLC 625
CourtLabour Appellate Tribunal
Judge(s)Sardar Muhammad Abdul Ghafoor Khan Lodhi
ResultAppeal dismissed

' This is an appeal challenging the decision dated 24-9-1988 recorded by learned Presiding Officer, Punjab Labour Court No.7, Gujranwala whereby the grievance petition of the appellant for his retirement benefits was dismissed.

2. This is an admitted fact that on the date on which the grievance petition. Was brought by the appellant he was no longer in service and had been retired prior to that. According to the view taken by the Hon'ble Lahore High Court, Lahore a person who is out of service on the date on which he brings application under section 25-A of the Industrial Relations Ordinance, 1969 is no longer a workman and the Labour Courts have no jurisdiction. This decision has been given by the Hon'ble High Court, Lahore after the cases were remanded by the Hon'ble Supreme Court for re-decision.

3. Learned counsel for the appellant has argued that no objection with regard to the jurisdiction was taken before the learned lower Court nor the petition has been dismissed on this ground. No doubt, this so but since according to the view taken by the Hon'ble High Court, in such cases the Labour Courts have no jurisdiction, if at all, the appeal is accepted it would be a futile order as being without jurisdiction.

4. As a result the appeal fails and is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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