Case Details

Citation(s)
2001 SLG 2224 2001 SLD 2224 2001 PLC 501
Labour Appellate Tribunal, Sindh
Appeals Nos. KAR 7 to KAR 9 of 2001, decision dated: 21st April, 2001.
MUNAWAR ALI KHAN, CHAIRMAN

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Messrs KARACHI STOCK EXCHANGE (GUARANTEE) LIMITED, KARACHI through Senior Law Officer

VS

ADIL ABDUL JABBAR and 2 others

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) Ss.1(3)(b), 2(xxviii) & 25 A West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.1(4)(c) & S.O. 15(3) Securities and Exchange Ordinance (XVII of 1969), Ss.34 & 35 Service Tribunals Act (LXX of 1973), S.2 A Misconduct Termination of service Grievance petition, maintainability of Petitioners in their grievance petition filed under S.25 A of Industrial Relations Ordinance, 1969 had successfully challenged order terminating their services on allegation of misconduct before Labour Court Employer establishment was governed by the provisions of Securities and Exchange Ordinance, 1969 and was regulated by Corporate Law Authority, Government of Pakistan, which was an attached Department of the Ministry of Finance, Economic Affairs and. Statistics Employer establishment was not only regulated by a Federal Law, but Federal Government exercised its control in respect of its working through Corporate Law Authority which was a Government institution and working as attached Department of the Ministry of Finance, Economic Affairs and Statistics Employer establishment as a body or organisation being covered by S.2 A of Service Tribunals Act, 1973, service under said establishment would be service of Pakistan and every person holding a post thereunder would be deemed to be a civil servant and Service Tribunal and not the Labour Court, would have jurisdiction to redress the grievance of the employees of said establishment Labour Court ceased to have any jurisdiction in respect of the cases filed by employees of employer establishment Order passed by Labour Court allowing the grievance petition of the employees, was set aside being without jurisdiction. Faruq A. Ghani for the Management AND Shoaun Nabi for the Workers. Date of hearing: 12th April, 2001. DECISION By this common judgment I propose to dispose three Appeals namely; Appeal NOXAR 7 of 2001, Appeal NOXAR 8 of 2001 and Appeal No.KAR 9 of 2001 all filed by M/s Karachi Stock Exchange (Guarantee) Limited Karachi, respectively against respondents Adil Abdul Jabbar, Muhammad Hanif Bawani and Muhammad Farooq Qureshi in respect…
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