Law:

Section:

Industrial Relations Ordinance (XXTH of 1969)---- -- S. 35 read with Ss. 25-A & 38 -Territorial jurisdiction of Labour Court -Question of fact -To be decided on evidence--­Objection raised in written statement but no evidence on point produced-Point raised again in appeal before Labour Appellate Tribunal-Held: In absence of evidence on point it could not be said that Labour Court had no territorial jurisdiction. Gulzar Ahmad, Alvii for Appellant. Ch. Nazir Hussain for Respondents. Date of hearing : 23rd October, 1982. JUDGMENT The two appeals captioned above arise from the decision dated 9th July. 1980 passed by the learned Presiding Officer, Labour Court No. 9, Multan, whereby the grievance petition of Muhammad Mushtaq was accepted and he was directed to be re-instated as guard Grade-11. 2. As the two appeals arise from the same decision of the learned lower Court they are being disposed of together through this single judgment. Divisional Superintendent, Railway will be described as the appellant, M. A. Ghafoor as appellant No. 2 and Muhammad Mushtaq as respondent in this judgment. The facts are that the respondent was A.S.M. He applied to be posted as guard Grade-11,- but remaining unsuccessful be applied to the Minister, who recommended his application with the order "he may be appointed as guard Grade-11". The application is R-1, dated 24th June, 1976. The concerned authorities showed some hesitation where­upon the respondent made another application to the Minister which is R-2. The Minister repeated the same kind of order on it besides granting relaxa­tion of age. The order is dated 7th August, 1978. The respondent there­after was vide R-6 posted as guard Grade-11 against 20% quota on 20th April, 1976 temporarily till further orders drawing pay of A. S. M. It was directed in the said order that he would draw Rs. 200 Rs. 40 in scale .200 -425 (N. P. S. No. 8) as Grade-11 from the date he started working as guard-II independently. Vide letter P-2; dated 11th October, 1976 he was directed to report to Station Master/Assistant Station Master to resume duty as Guard-11 independently. Letter P-5 of Divisional Superintendent, Multan shows that he qualified.…

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