Case Details

Citation(s)
1987 SLG 1439 1987 SLD 1439 1987 PLC 933
Labour Appellate Tribunal, Sindh
Appeal No. SU K-181 of 1986, decided on 17thDecember, 1986.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL

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AIRPORT MANAGER

VS

GHULAM MUHAMMAD

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)--Pakistan Essential Services (Maintenance) Act (LIII of 1952), Preamble--Grievance petition--Maintainability-­Provisions of Pakistan Essential Services (Maintenance) Act, 1952 were applicable to appellant establishment--Labour Court, held, had no jurisdiction either to entertain grievance petition of worker under S.25-A, Industrial Relations Ordinance, 1969, or to pass order--Order of Labour Court accepting grievance petition of worker against termination of his services was set aside. 1983 P L C 651 and P L D 1982 S C 130. rel. Nizamuddin Baloch for Appellant. Date of hearing: 17th December, 1986. DECISION This is an appeal filed by the appellants against an impugned order, dated 21-5-1986, passed by the Labour Court No.VIt, Sukkur, who had dismissed the grievance petition of the respondent under section 25-A, I.R.O. 1969, but, with a direction that the respondent would be entitled to get his salary from the appellant for the period from July, 1983 upto 13-12-1983. 2. Briefly stated the facts of the case are that the respondent was appointed as Helper in the year 1974 and was working in Airport Development Agency, Sukkur Airport. That though the respondent was working regularly at Sukkur Airport but he was not paid his wages from July, 1983 and when on 4-10-1984, he demanded the same, the appellant ordered him to leave the Airport and was subsequently informed that his services had been terminated, without any reason or order in writing. He, thereafter, served a grievance notice upon the appellant and then submitted his grievance petition before the Labour Court. 3. The appellant resisted the case and also submitted certain legal objections on the maintainability of the petition, firstly, that there was no relation of 'master and servant' between the respondent and the appellant; secondly, that under section 23 of the Pakistan Civil Aviation Authority Ordinance 1982, the Industrial Relations Ordinance 1969 shall not apply to or in relation the Authority or…
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