Law:

Section:

Constitution of Pakistan-------Art. 185(2)(d), (3)--Petition for leave to appeal---Competence---Under provisions of Art.185(2)(d) of Constitution, for determining the question as to whether appeal or petition would be competent, amount or value of subject matter of the dispute in the court of first instance should not be less than Rs.50,000; and that the , decree and order appealed from was varied or set aside by the court immediately below---In the present case, the rendered by the original court was varied and set aside by the High Court; and the petitioner claimed pensionary benefits amounting to Rs.8,38,000, which was the subject matter in dispute in the court of first instance---Petition, in view of Art.185(2)(d) of Constitution, was barred and only the appeal was competent. Ch. Riyasat Ali, Advocate Supreme Court for Petitioner. Shahid Anwar Bajwa, Advocate Supreme Court for Respondent. Date of hearing: 28th May, 2009. ORDER MIAN HAMID FAROOQ, J.---Petitioner, through the instant petition filed under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, seeks leave to appeal against order dated 15-12-2008, whereby the learned Lahore High Court, Multan Bench, Multan allowed respondent-Bank's appeal (F.A.O. No.102/L of 2008) and set aside judgment dated 28-2-2008 passed by the Punjab Labour Court No.9, Multan. 2. The petitioner filed a grievance petition under section 46 of Industrial Relations Ordinance, 2002 against respondent-Bank, before the learned Presiding Officer, Punjab Labour Court No.9, Multan with the prayer that letter dated 21-5-2005 be set aside and the respondent-Bank be directed to calculate his pensionary benefits on the basis of last drawn basic pay i.e., 23-4-2005 and that period of his service be treated as 32 years instead of 31 years along with all back-benefits. The respondent-Bank contested the petition and the learned Labour Court after recording evidence of the parties accepted his petition in the terms stated in the grievance petition, vide judgment dated 28-2-2008. The respondent-Bank filed the appeal challenging the said judgment, which was allowed by the learned Lahore High Court, Multan Bench, Multan, vide…

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