Case Details

Citation(s)
1972 SLD 3085 = 1972 PLC 249
Income Tax Appellate Tribunal Pakistan
Appeal No. RI-62 of 1971-Pb., decided on 2nd February 1972.
Presented By: Jamil Asghar, Appellate Tribunal
Appellant in person. Mahmood-uz-Zaman for
Respondent.

MAZHAR ALI

VERSUS

WEST PAKISTAN INDUSTRIAL DEVELOPMENT CORPORATION KARACHI

Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 2(viii)(b)- (xxiii), 34

(a) Industrial Relations Ordinance (XXIII of 1969) Ss. 2(viii)(b)- (xxiii) & 34-Application before Labour Court under S. 34-Locus stands-Personal Assistant to Manager performing dudes of general supervision of office-Member of supervisory staff--Not a "worker" or "workman"-Has no locus standi to file application against his employer. (b) Industrial Relations Ordinance (XXIII of 1969) S. 34 [as amended by Industrial Relations (Amendment) Ordinance (XIX of 1970)] -Individual workman after enforcement of amending pro vision entitled to file application-Amended provision, however, has no retrospective effect. Date of hearing: 15th January 1972.   ORDER This is an appeal against the order of the learned Chairman. Punjab Labour Court, Northern Zone, Lahore, passed under section 34 of the Industrial Relations Ordinance, 1969. 2. Mr. Mazhar Ali, appellant, was appointed as Personal Assistant to the Manager Incharge of "the Heavy Mechanical Complex, Taxila District Rawalpindi on 26-7-1966. In 1967, vide order dated 2-11-1967, the appellant was given additional duties of general supervision of the office. According to the appellant sometime in 1967 he appeared as a witness for one Raja Muhammad Afzal Khan in an inquiry against him. Mr. Muhammad Zareef Manager, and some other officers on this account felt annoyed with him. On 9-6-1969, the appellant made an application to the Chairman, West Pakistan Industrial Development Corporation for an interview, which was not granted and instead he was charge sheeted for insolvent behaviour with the General Manager and other officers of the respondent establishment. Ultimately he was dismissed from service on 17-12-1969 without any Inquiry. It appears that thereafter he sent a notice to the General Manager and when no reply was received, he filed an appeal before the Chairman, West Pakistan Industrial Development Corporation and made several petitions to the Government but no reply was received. He also filed some civil suits against the Chairman, West Pakistan Industrial Development Corporation. After the amendment of section 34 of the industrial Relations Ordinance, 1969 on 16-10-1970, the…
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