Case Details

Citation(s)
2013 SLG 1739 2013 SLD 1739 2013 PLC 36
Labour Appellate Tribunal, Punjab
Revision Petitions Nos.MN-126 and MN-127 of 2011, decision dated: 13-03-2012
HAFIZ ABDUL REHMAN ANSARI, CHAIRMAN

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PRINCIPAL, SARDAR KAURAY KHAN PUBLIC HIGHER SECONDARY SCHOOL, MUZAFFARGARH and another

VS

Mrs. BUSHRA FARASAT and another

Law:

Section:

(a) Punjab Industrial Relations Act (XIX of 2010)--- ----S. 2(xxxi)---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(xxx) & S.O.15---Termination of service---Grievance petition---Employees filed grievance petition against order of termination of their service---During pendency of said grievance petition, the employers filed application for rejection of grievance petition on the ground that Labour Court concerned had no jurisdiction to entertain the same as the employees were not workmen---Said application filed by the employers having been dismissed by the Labour Court, employers had filed revision against said interim order---Employees had asserted in the grievance petition that they were doing manual work while also doing the duty of school teachers in the school---Validity---Without recording the evidence it could not be presumed that employees were only teaching the students---Labour Court had rightly dismissed application filed by the employers for dismissal of grievance petition filed by the employees---Revision application was dismissed, in circumstances. 1987 PLC (C.S.) 497 rel. (b) Civil Procedure Code (V of 1908)--- ----O. VII, R.11---Rejection of plaint, application for---Scope---While deciding an application under O.VII, R.11, C.P.C. for rejection of plaint, only the plaint could be considered (to determine) whether the plaintiff had any cause of action or not---No other material could be seen at such stage. JUDGMENT HAFIZ ABDUL REHMAN ANSARI (CHAIRMAN).--- I intend to decide both the above captioned revision petitions through this consolidated judgment/order being related to identical facts and law. Both the instant revision petitions are filed against interim orders dated 16-11-2011 passed by Presiding Officer, Punjab Labour Court No.11, D.G. Khan. The main grievance petitions are still to be finally decided by Punjab Labour Court No.11, D.G. Khan. 2. Brief facts of the instant case are that Mrs. Firdous Fatima and Mrs. Bushra Farasat petitioners filed separate grievance petitions under section 33 of the Punjab Industrial Relations Act, 2010 before the learned Presiding Officer, Punjab Labour Court No.11,…
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