| Citation(s) |
|---|
| 1987 SLG 1147 1987 SLD 1147 1987 PLC 418 |
Labour Appellate Tribunal, Punjab
GHULAM ABBAS KHAN, PRESIDING OFFICER
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GHULAM ABBAS KHAN, PRESIDING OFFICER
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MUHAMMAD HUSSAIN
VS
MAJID NIZAMI
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)--- --S. 25-A--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 12(3)--Grievance petition--Dismissed employee--A workman aggrieved by order of his dismissal, held, could take action under S.25-A, Industrial Relations Ordinance--Contention, that since a dismissed employee did not fall within definition of a worker given in S.2(xxviii), Industrial Relations Ordinance, he had no locus standi to move Labour Court--Repelled. NBP, etc v. PLAT, etc, N L R 1985 Lah. 62. ref. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- ---S. 12(3)--Industrial Relations Ordinance (XXIII of 1969), S. 25-A- Applicability--Whether Standing Orders Ordinance applicable to a petitioner's case, held, was a mixed question of law and fact which was to be settled after completion of evidence and arguments on point whether establishment was covered by provisions of said Ordinance or not. 1986 P L C 1144 ref. Maqbool Anees for Petitioner. Ch. Altaf Hussain for Respondent. ORDER The respondent has moved an application for rejection of the petitioner's case for the reasons that he is a dismissed employee. Being a dismissed employee, he does not fall within the definition of a worker given in section 2(xxviii) of the Industrial Relations Ordinance, 1969. He has, thus, no locus standi to move this Court. 2. The petitioner does not agree with this view point. According to him, the establishment is governed by the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, hereinafter to be referred to as the Standing Orders Ordinance. According to Standing Order 12(3) of the Standing Orders Ordinance a dismissed employee can take action in accordance with the provisions of section 25-A of the Industrial Relations Ordinance, 1969. He has come in this Court in the light of the said provision, therefore, his case is quite competent. 3. In order to arrive at a conclusion, I have gone through the record and heard the arguments of the learned counsel for the parties. Keeping in view the facts and law, my finding is that the…
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