Law: Industrial Relations Ordinance, 2002

Section: 2(xxx),46

Industrial Relations Ordinance (XCI of 2002) --- ----Ss. 46 & 2 (xxx)---Officer Grade-III of a Bank having retired from service sought calculation of pensionary benefits which grievance petition was accepted by the Labour Court---Validity---Only workman could invoke the jurisdiction of Labour Court---Employee in the establishment or industry who was dismissed, discharged, retrenched, laid-off or otherwise removed from the employment in connection with or as a consequence of some dispute or whose dismissal, discharge, retrenchment, lay-off or removal led to that dispute, could file grievance petition---Employee, in the present case, was never dismissed, discharged, retrenched and laid-off or otherwise removed from service rather he remained in job till date of his superannuation---Employee did not fall within the definition of "worker" or "workman" and labour fora lacked jurisdiction to entertain and decide the grievance petition---Impugned orders passed by the Courts below being unlawful, could not sustain which were set aside and grievance petition was dismissed---Constitutional petition was allowed, accordingly. 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-III from service on 12.07.2007. Pursuant thereto, the pensionery 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 11-06-2009 and the Appeal filed by the petitioner to assail it before the Punjab Labour Appellate Tribunal, Lahore was dismissed on 14-06-2011, 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…

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