| Citation(s) |
|---|
| 2001 SLG 2221 2001 SLD 2221 2001 PLC 481 |
Labour Appellate Tribunal, Sindh
Appeals Nos. 57 KAR and 58 KAR of 2000, decision dated: 9-03-2001.
MUNAWAR ALI KHAN, CHAIRMAN
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Appeals Nos. 57 KAR and 58 KAR of 2000, decision dated: 9-03-2001.
MUNAWAR ALI KHAN, CHAIRMAN
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MEHMOOD IQBAL and another
VS
KARACHI SHIPYARD AND ENGINEERING WORKS LTD. through GENERAL Manager
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969) Ss. 25 A & 37(3) Service Tribunals Act (LXX of 1973), S.2 A Grievance petition, maintainability of Medical facilities admissible to petitioners, having been drastically curtailed, they filed grievance petition against said curtailment Maintainability of petition was objected to on the ground that after the insertion of S.2 A in Service Tribunals Act, 1973 the Service Tribunal instead of Labour Court had the jurisdiction to hear the grievance petitions Petitioners after insertion of S.2 A of the said Act, had become civil servants and they had to file appeal relating to terms and conditions of their service before the Service Tribunal and not before the Labour Court Validity Labour Court, held, had rightly decided that it had no jurisdiction to hear the grievance petitions filed by the petitioners. 1999 SCMR 2607; 1999 PLC (C.S.) 1208 and 1998 PLC (C.S.) 627 ref. Rafiullah for Appellants AND Latif Saghar for Respondents. Date of hearing: 26th February, 2001 DECISION This judgment will cover two appeals namely Appeal No.K 57 of 2000 and Appeal No.K 58 of 2000, respectively filed by Muhammad Iqbal and Shakeel Ahmed, involving. common points for decision, against the separte orders passed on the same date i.e. 3rd May, 2000 by Sindh Labour Court No.V, Karachi. 2. Both the appellants, were admittedly employed as workmen in the respondent Establishment and in that capacity certain medical facilities were admissible to 'them. Somehow by Circular dated 18 4 2000 their medical facilities were drastically curtailed with effect from 1 5 2000. Being aggrieved by the said curtailment of medical facilities they served grievance notice on the respondent Establishment on 21 4 2000 requesting therein for withdrawal of the restrictions. As their grievance remained unredressed they filed separate grievance petitions on 5th June, 2000. 3. The Respondent Establishment in their Reply Statement raised two legal objections; firstly that grievance petition being premature was not maintainable and secondly that after insertion of section 2 A in Service Tribunal Act, 1973 by amendment in the said Act, the Service Tribunal instead of…
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