| Citation(s) |
|---|
| 2006 SLG 489 2006 SLD 489 2006 SCMR 1751 |
Supreme Court of Pakistan
Civil Petition No. 1105-L of 2006, decided on 5th July, 2006. (Against the judgment 26-4-2006 passed by Lahore High Court, Bahawalpur Bench, Bahawalpur in L. A. No. 38 of 2005)
FAQIR MUHAMMAD KHOKHAR, RAJA FAYYAZ AHMED AND SYED, JAMSHED ALI, JJ
Shabir Ahmed Bhutta, Advocate Supreme Court and Haji M. Rati Siddiqui, Advocate-on-Record for Petitioner. Nemo for
Respondent
Civil Petition No. 1105-L of 2006, decided on 5th July, 2006. (Against the judgment 26-4-2006 passed by Lahore High Court, Bahawalpur Bench, Bahawalpur in L. A. No. 38 of 2005)
FAQIR MUHAMMAD KHOKHAR, RAJA FAYYAZ AHMED AND SYED, JAMSHED ALI, JJ
Shabir Ahmed Bhutta, Advocate Supreme Court and Haji M. Rati Siddiqui, Advocate-on-Record for Petitioner. Nemo for
Respondent
Messrs ASHRAF SUGAR MILLS LTD. Through GENERAL Manager
VS
MANZOOR AHMED
Law: Industrial Relations Ordinance (XXIII of 1969)
Section: 25A
Law: Constitution of Pakistan, 1973
Section: 185(3)
Law: Industrial Relations Ordinance, 2002
Section: 46(3)(4),(6),Preamble
(a) Industrial Relations Ordinance (XXIII of 1969)--- ---S. 25-A---Industrial Relations Ordinance (XCI of 2002), S.46(3)(4) & (6)---Constitution of Pakistan (1973), Art. 185(3)---Term `in lieu of reinstatement'---Applicability---Reinstatement of workman---Labour Court, jurisdiction of---Grievance petition of workman was allowed by Labour Court and he was reinstated in service-Order passed by Labour Court was maintained by High Court, in exercise of appellate jurisdiction--Plea raised by employer was that under the provisions of S.46 of Industrial Relations Ordinance, 2002, Labour Court could only compensate the workman but could not reinstate him in service---Validity---Nothing was available to indicate that after promulgation of Industrial Relations Ordinance, 2002, Labour Court had become powerless to pass an order of reinstatement of a worker even where it was considered to be just and proper---Labour Court would continue to exercise the power of reinstatement of a worker with or without back-benefits under Industrial Relations Ordinance, 2002---Labour Court was further enabled under S.46 (6) of Industrial Relations Ordinance, 2002, to award compensation, In lieu of reinstatement' of the worker in service where his termination was held to be wrongful---Such being an alternate power, which could be invoked in a particular case where the reinstatement of a worker was not considered to be proper-Mere fact that Labour Court was also vested with power to award compensation did not take away its authority of reinstatement of a worker---Only restriction placed on Labour Court was that it could not award compensation in addition to the reinstatement of a worker--Supreme Court declined to interfere in the passed by High Court--Leave to appeal was refused. Utility Stores Corporation of Pakistan Limited v. Punjab Labour Appellate Tribunal and others PLD 1987 SC 447; Babul and Sons v. Assistant Commissioner of Sales Tax Nagpur (1978) 41 STC 89 and Messrs Elahi Cotton Mills Limited and others v. Federation of Pakistan through Secretary, Ministry of Finance, Islamabad and 6 others PLD 1997 SC 582 ref. (b) Industrial Relations Ordinance (XCI of 2002)---…
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