| Citation(s) |
|---|
| 1982 SLG 992 1982 SLD 992 = 1982 PLD 87 |
Constitution Petition No. 116 of 1979, decided on 17th May, 1982.
Before Abdul Qadeer Chaudhary and Muhammad Jafer Naim, JJ
Busharatullah and Nazeer Ahmed for Petitioner. Iftikhar Mohammad for
Respondents.
PAKISTAN MINERAL DEVELOPMENT CORPORATION (COLLIERIES LTD.)-Petitioner
VERSUS
AMIR KHAN AND ANOTHER-Respondents
Law: Industrial Relations Ordinance, (XXIII of 1969)
Section: 25 , 27
Law: Civil Procedure Code (V of 1908)
Section: 10 , 1
Law: West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
Section: 151
JUDGMENT
MUHAMMAD JAFER NAIM, J.-The petitioner is aggrieved by the order of the Labour Appellate Tribunal dated 28-4-1979 whereby the order of the Labour Court dated 11-2-1979 was set aside. The facts as stated in the petition are that respondent No. 1 Amir Khan was an employee of the petitioner. He was declared unfit medically and his services were terminated. The respondent made an application to the Presiding Officer, Labour Court for his re-instatement which was dismissed. He made second application to the Labour Court on 23-10-1977 for a claim of Rs. 20,000 against the peti tioner $n account of Group Insurance. This application of the respondent No. 1 was contested and the Presiding Officer, Labour Court by his order dated 11-2-1979 dismissed the application on the grounds that the application was time-barred and that respondent No. 1 Amir Khan had no locus standi to file the application. The respondent No. 1 filed an appeal to the Labour Appellate Tribunal (respondent No. 2) which was allowed by order dated 28-4-1979 in which it was held that the application of the respondent to the Labour Court was not time-barred and by this order case was remanded to the Labour Court to proceed further in the case.