| Citation(s) |
|---|
| 2021 SLG 2035 2021 SLD 2035 2021 PLJ 397 |
Lahore High Court
W.P. No. 40228 of 2016, decided on 19.11.2020, Date of hearing: 19.11.2020.
SHAMS MEHMOOD MIRZA, JUSTICE.
Sahibzada Muzaffar Ali Advocate for Petitioner. Rana Junaid Hussain Advocate for
Respondent No. 3
W.P. No. 40228 of 2016, decided on 19.11.2020, Date of hearing: 19.11.2020.
SHAMS MEHMOOD MIRZA, JUSTICE.
Sahibzada Muzaffar Ali Advocate for Petitioner. Rana Junaid Hussain Advocate for
Respondent No. 3
LAHORE DEVELOPMENT AUTHORITY THROUGH DIRECTOR GENERAL AND OTHErs
VS
MUHAMMAD IRFAN AND OTHERS
Law: Constitution of Pakistan, 1973
Section: 199
Constitution of Pakistan, 1973-- ----Art. 199--Initiation of proceedings under PEEDA Act--Grievance petition before labour appellate tribunal--Allowed--Appeal--Matter was remanded to labour Court--Challenge to--Jurisdiction--Where an employee has been proceeded against under a statue or statutory rules of service and same do not provide any remedy before a specific forum, his remedy will lie before High Court by way of a constitutional petition--Counsel for Respondents No. 1 and 3 in view of law laid down in aforementioned has nothing much to say as said respondents were proceeded against under provisions of PEEDA--Law laid down by Hon’ble Supreme Court is fully applicable to facts of present case--Petition was allowed. 2020 SCMR 471 ref. ORDER This writ petition has been filed to challenge order dated 16.09.2016 passed by the Punjab Labour Appellate Tribunal. 2. It is stated that the petitioner took disciplinary action against Respondents No. 1 to 3 under the provisions of Punjab Employees Efficiency, Discipline and Accountability Act, 2006 (PEEDA) and as such the jurisdiction of the labour Court was barred to entertain and adjudicate upon the grievance petition filed by the said respondents. 3. The Hon’ble Supreme Court in C.A. No. 1842 of 2019 titled Gujranwala Electricity Power Company Limited v. Punjab Labour Appellate Tribunal and others has held as under: In the very first place, the very grievance petition filed by the respondent before Labour Court, was not maintainable…
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