Law:

Section:

Industrial Relations Ordinance min of 1969)- ---Ss.2(viii)(d), 25-A & 38(3)--Grievance petition--Cause of action and nature of duties of petitioner, were two different things--Petitioner declared as "employer" under S.2(viii)(d) of Act XXIII of 1969-­Petitioner aggrieved of his transfer--Transfer order challenged on ground of mala fides due to alleged victimization for trade union activities--Labour Court observing that petitioner having been declared as "employer" had no cause of action--Order of Labour Court, set aside in appeal by Appellate Tribunal and case remanded for re-decision after opportunity of evidence to parties as regards nature of duties of petitioner whether he belonged to category of supervisory, secretarial, directional or agency staff and that he could be declared as "employee". H.R. Haider for Appellant. Ahmad Fazal for Respondent. Date of hearing: 246 May, 1987. JUDGMENT In the appeal captioned above the decision dated 11-2-1987 recorded by the learned Presiding Officer, Punjab Labour Court No.2 Lahore has been challenged, whereby the grievance petition of the appellant has been dismissed holding that there was no cause of action. 2. For holding that the appellant has no cause of action it has been observed by the learned lower Court that he is not a workman as he has been declared as an employer vide Notification No.S.W.23-/76 dated 25-8-1977. The plea that one has no cause of action is quite different from the nature of his employment such as whether he is a workman or an employer. Even a workman may not have any cause of grievance against the order passed against him. The finding that the appellant is an employer and not workman, therefore, could not be a ground for saying that he has no cause of action. The appellant was transferred and he challenged the said order on the ground of mala fides stating that for his trade union activities he was victimized. According to the assertions made in…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492