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1995 PLC 568

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Citation1995 PLC 568
CourtLabour Appellate Tribunal
Case No.Revision No, JG-504 of 1986/Pb.
Date1986-11-12
Judge(s)Sardar Muhammad Abdul Ghafoor Khan Lodhi
ResultRevision accepted

ORDER

' This is a revision reporting that the order dated 22-7-1984 passed by the learned Presiding Officer, Punjab Labour Court No, 5, Faisalabad, whereby the order of the Authority dated 5-5-1986 was confirmed, is wrong. An objection was raised before the learned lower appellate Court that Pakistan Essential Service (Maintenance) Act, 1952 was applicable, therefore, the Authority had no jurisdiction. No finding was recorded thereon. No doubt before the Authority such a plea was not taken but since it was raised before the learned lower appellate Court, it should have been disposed of one way or the other. Since the question touches the jurisdiction of the Authority, it could not be left unnoticed.

2. As a result, the revision is accepted and setting aside the impugned orders of the learned lower Courts, the case is remanded to the learned lower Appellate Court for consideration of the legal point. If the learned lower appellate Court holds that the Authority has jurisdiction, it may redecide the appeal on merits.

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