Law: Constitution of Pakistan, 1973

Section: 199

Keywords: Appeal And Revision, Commercial Employment, Orders, Order, Claims, Establishment, Appellate Tribunal, Remedy, Government, Constitutional Petition, Constitution, Payment Of Wages, Constitution Of Pakistan, Notice, Allowances, Payment, Labour Court, Petitioner, Petition, Notification, Proper Forum, Without Jurisdiction, In Lieu, Jurisdiction Result: Petition allowed JUDGMENT This constitutional petition under Article 199 of the Constitutions is directed against the order of Labour Court No. 6, Hyderabad passed on an application under section 25-A of Industrial Relations Ordinance, 1969 filed by one Khushal Khan for his re-instatement in service with full back benefits and payment of his dues including cost of living allowance. 2. It was the case of the respondent Khushal Khan that he was employed as a motor mechanic in the garrage of petitioner Fazal Illahi on monthly salary of Rs. 200. The petitioner neither paid him cost of living allowance nor the increase in salary as ordered by the Government from time to time. Thus from August, 1973 to 30th June, 1976 Rs. 2,833.33 became due to him. This amount was refused to him by the petitioner who turned him out from service. The case before the lower Court proceeded ex parte as neither petitioner nor his Advocate happened to be present on the date of hearing. The application was accordingly allowed by the Labour Court and the petitioner was ordered to pay the arrears of wages amounting to Rs. 2,833.33 and the respondent was directed to be re-instated in services by the petitioner with all the back benefits. The appeal filed by the petitioner was dismissed as time barred and the revision filed before the labour appellate Tribunal, Karachi who also dismissed as there was no order passed on merits in appeal. 3. It has been argued by Mr. Mushtak Hussain on behalf of the petitioner that the Labour Court had no jurisdiction to entertain the application of respondent Khushal Khan under section 25-A of the Industrial Relations Ordinance. That the order of the Labour Court was, therefore, without jurisdiction. It has been pointed out that petitioner Fazal Illahi was carrying on his work as a motor mechanic and he was…

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