| Citation(s) |
|---|
| 2011 SLG 1571 2011 SLD 1571 2011 PLC 173 |
Lahore High Court
SYED AKHLAQ AHMAD, J
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
SYED AKHLAQ AHMAD, J
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
RAZIM GUL
VS
PRESIDING OFFICER, PUNJAB LABOUR COURT and 2 others RAZIM GUL vs PRESIDING OFFICER, PUNJAB LABOUR COURT and 2 others
Law:
Section:
Industrial Relations Act (IV of 2008)-------Ss. 4, 54(3) & 55---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.12(6)---Constitution of Pakistan, Art.199---Constitutional . petition---Maintainability---Petitioner had filed constitutional petition before the High Court against of the Labour Court at the time when Labour Appellate Tribunal was in existence and was functional to entertain appeals under Industrial Relations Act, 2008---Under S.54(3) of Industrial Relations Act, 2008 an appeal would lie before the Labour Appellate Tribunal against any decision given' by a Labour Court under said Act---Only course open to the petitioner was to file appeal before the Labour Appellate Tribunal in the first instance as required under S.54(3) under Industrial Relations Act, 2008 and thereafter he could approach the High Court, if felt aggrieved of the decision of the Labour Court---As the petitioner had not resorted to the legal recourse, his constitutional petition was not maintainable. Najm-uz-Zaman for Petitioner. Fazal Karim Butt for Respondents Nos.2 and 3. ORDER SYED AKHLAQ AHMAD, J.--- Through this writ, Rizam Gul/petitioner wants this Court to set aside the impugned judgment, dated 4-2-2009 passed by the learned Presiding Officer, Punjab Labour Court Rawalpindi with the further prayer to direct respondents Nos.2 and 3 to calculate and disburse the gratuity to the petitioner for his entire 21 years of service. 2. Brief facts of the case are that the petitioner challenged his resignation from service dated 27-12-2002 by filing a grievance petition before the Punjab Labour Court Rawalpindi/respondent No.1. Vide order, dated 24-11-2005 while declining the reinstatement of the petitioner, the Labour Court ordered that the prayer of the petitioner for payment of gratuity and other dues be reconsidered and paid under the Standing Orders 12(6) of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, which he is found to be entitled after proper scrutiny of documents. The petitioner waited for a considerable time for payment. Since respondents Nos.2 and 3 did not implement the orders of the Labour Court, he was…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492