| Citation(s) |
|---|
| 1988 SLG 377 1988 SLD 377 1988 PLC 25 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-222 of 1984, decided on 8th March, 1987.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
Abdul Majeed for Appellant. Azmatullah Khan and Habibur Rehman, Law Officers for
Respondent.
Appeal No. KAR-222 of 1984, decided on 8th March, 1987.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
Abdul Majeed for Appellant. Azmatullah Khan and Habibur Rehman, Law Officers for
Respondent.
ASHRAF ARIF KHAN
VS
PAKISTAN INTERNATIONAL AIRLINES CORPORATION
Law:
Section:
Pakistan Essential Services (Maintenance) Act (LIII of 1952)-- ---S.7--Martial Law Regulation (C. M. L. A.'s) No. 52--Industrial Relations Ordinance (XXIII of 1969), S.25-A--Grievance petition against dismissal from service for misconduct--Employee of Pakistan International Airlines Corporation governed by Pakistan Essential Services (Maintenance) Act, 1952 by operation of M.L.R.52--Grievance petition of such employee, held, was not maintainable before Labour Court. K.E.S.C. Ltd. v. N.I.R.C. P L D 1980 S C 113; Zaiul Hasan Tirmizi v. P.I.A.C. 1983 P L C 308 and Shahid Javed v. P. I. A. C. 1983 P L C 55 rel. DECISION This is an appeal filed by the appellant against an impugned order, dated 27-8-1984 passed by the Sind Labour Court No. IV, Karachi, who had dismissed the grievance petition of the appellant under section 25-A, I.R.0.1969. 2. Brief facts of the case are that the appellant was Pmplnv#1d in the respondent Airlines as Traffic Assistant and that he was charged with the misconduct that he had realised an amount of Rs.200 from one passenger as Excess Baggage Charge, but no Baggage ticket was issued to him. Thereafter, on 12-12-1983, the appellant was dismissed from services and being aggrieved of this dismissal order, the appellant had submitted his grievance petition before the Labour Court. 3. The respondent establishment resisted the petition mainly on the legal objection that in view of Martial Law Regulation No.52, the Labour Court had no jurisdiction to decide the question of reinstatement of an employee/ workman of the respondent Corporation, namely, Pakistan International Airlines Corporation, hence same was liable to be…
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