Case Details

Citation(s)
1981 SLG 2046 1981 SLD 2046 1981 PLC 104
Labour Appellate Tribunal, Punjab
Petitions Nos. BR-149 to 153 of 1979/Pb., decided on 10th January, 1981.
CH. MUHAMMAD SIDDIQ, APPELLATE TRIBUNAL

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PROJECT DIRECTOR, KARKHANA ALAAT-EZAREE, BAHAWALPUR

VS

MUBARIK ALI AND 4 OTHERS

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- - S. 38(3-a)-Revision-Suo motu jurisdiction of Appellate Tribunal--­No party as of right can invoke jurisdiction-Employees of Government Department raising technical objections from time to time before different Courts-Employees thrown out of service dragged in long and multiplied litigation since five years-Case in circumstances, held, not fit to exercise suo motu jurisdiction on technical grounds against decision of Labour Court. Assadullah Siddiqui and Masood A. Sheikh for Petitioner. Ch. Altaf Hussain for Respondents. JUDGMENT Mubarik Ali (Turner), Liaqat Ali (Drill Operator), Elahi Bakhsh, (Helper Fitter), Islamud Din (Blacksmith) and Abdul Aziz, Store Keeper, (respondents) were employed in the Karkhana Alaat-e-Zaree, Bahawalpur. They were charge-sheeted and ultimately dismissed from service vile separate orders dated 28-2-1975, 28-2-1975, 12-10-1974, 10-2-1975 and 28-2-1975 respectively. Each of them filed separate petitions under section 25-A of the Industrial Relations Ordinance, 1969 before the then Junior Labour Court, Rahimyar Khan. Vide separate ex parte orders dated 25-4-1975 the Junior Labour Court re-instated each respondent with back benefits. The Management filed separate appeals against each respon­dents before the then Punjab Labour Court No. 4, Multan. A legal objection regarding the jurisdiction of the Court was raised on behalf of the Management before the Labour Court during the pendency of the appeals that the respondent-employees were persons employed in the administration of State and, therefore, were, not entitled to the benefits of the Industrial Relations Ordinance, 1969 like the employees of any other private industry. The Labour Court vide order dated 20-3-1976 overruled the legal objection by holding that the respondents were not persons employed "in the administra­tion of State and, therefore, were entitled to the protection of Industrial Relations Ordinance, 1969 like the employees of private industries. The Management feeling aggrieved with the 'said order of the Labour Court, challenged the same through a writ petition before the High Court. The writ petition was admitted for…
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