Law: Constitution of Pakistan, 1973

Section: 199

Law: Industrial Relations Ordinance, 2002

Section: 2(xxx),46

Constitution of Pakistan, 1973-- ----Art. 199--Industrial Relations Ordinance, 2002, S. 46 & 2(xxx)--Constitutional Petition--Retirement after superannuation--Receiving of pensionary benefits without objection--Grievance petition--Allowed--Appeal--Dismissed--Jurisdiction--Challenge to--There is no denial that under Section 46 of Ordinance ibid only a Workman as defined under Section 2(xxx) of said Ordinance can invoke jurisdiction of learned Punjab Labour Court--Whereas admittedly Respondent No. 2 was never dismissed, discharged, retrenched and laid-off or otherwise removed from service, rather he remained in job till date of his superannuation, therefore, he was not falling within definition of Worker or Workman, hence learned Labour fora definitely lacked jurisdiction to entertain and decide Grievance Petition, whose orders impugned herein being unlawful, nullity and having no legal authority cannot be sustained--Petition was allowed. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD MASOOD JAHANGIR, JUSTICE---.--- Undeniably, Ch. Muhammad Qayyum, Respondent No. 2 was employed by the writ petitioner, who on attaining superannuation was retired as Officer Grade-Ill from service on 12.07.2007. Pursuant thereto, the pensioner benefits so calculated were received by him without any objection. However, subsequently he filed a Grievance Petition before the learned Labour Court, which was granted on 11th June, 2009 and the Appeal filed by the petitioner to assail it before the Punjab Labour Appellate Tribunal, Lahore was dismissed on 14th June, 2011, hence this Constitutional Petition. 2. The sole argument of learned counsel for the petitioner is that the learned Labour Court lacked jurisdiction to adjudicate upon Grievance Petition of Respondent No. 2, who being a retired employee did not fall within the definition of Workman in terms of Section 2 (XXX) of the Industrial Relations Ordinance, 2002, which was controverted by the learned counsel for Respondent No. 2 with emphasis that both the learned Courts below have already tackled this issue eminently and they were perfect to allow the Grievance Petition of the appellant. 3. There is no denial that under Section 46 of…

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