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1995 PLC 528

NASIR-UD-DIN MALIK vs CHAIRMAN, RAILWAY BOARD, GOVERNMENT OF

Citation1995 PLC 528
CourtLabour Appellate Tribunal
Judge(s)Sardar Muhammad Abdul Ghafoor Khan Lodhi
ResultAppeal partly accepted

' This is an appeal directed against the decision dated 12-6-1986 recorded by the learned Presiding Officer, Punjab Labour Court No,2, Lahore, whereby the grievance petition has been dismissed for want of jurisdiction following 1985 PLC 1053.

2. The order of dismissal of the appellant is wrong. A case can be accepted or dismissed by the forum which has jurisdiction. Since the learned lower Court held that it had no jurisdiction, the proper order was to return the petition for presentation to the proper forum. No doubt the High Court has in 1985 PLC 1053 held that persons removed from service in cases where Standing Orders Ordinance, 1968 is not applicable, cease to remain covered by the definition of workman given in section 2 (xxviii) of the Industrial Relations Ordinance, 1969 but the said ruling has not gained finality as it stands challenged in the Supreme Court.

3. As a result, the appeal is partly accepted and converting the order of dismissal into an order of return of the grievance petition for presentation to the proper forum, it is directed that if the Supreme Court holds in various appeals pending before it that such persons are covered by the definition of workman given in the Industrial Relations Ordinance, 1969, the appellant will be entitled to get his grievance petition decided by the learned lower Court on merits. 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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