| Citation(s) |
|---|
| 1988 SLG 958 1988 SLD 958 1988 PLC 258 |
Labour Appellate Tribunal, Punjab
Petitions Nos. FD-748, 749 and 750 of 1986 Punjab, decided on 9th March, 1987.
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Petitions Nos. FD-748, 749 and 750 of 1986 Punjab, decided on 9th March, 1987.
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Major SARFRAZ HUSSAIN QURESHI and others
VS
MUHAMMAD ARSHAD and others
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)(a)--Complaint against non-implementation of decision of Labour Court--Right of 'worker to bring complaint--If no period was fixed for implementation of decision, complaint, held, could not be brought by worker himself--Words "therein" used in7clause (a) of subsection (9) of Section 25-A of Ordinance, did not refer to period given in subsection (8) but referred to order or decision referred to in subsection (9). (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)(a)--Revisional jurisdiction of Tribunal--Complaint brought by worker not competent--Tribunal, held, could exercise revisional jurisdiction suo motu. Asadullah Siddiqi for Petitioners. M. A. Javed for Respondents. Date of hearing: 3rd March, 1987. JUDGMENT The three revisions captioned above report that the orders dated 17-12-1986 recorded by learned Presiding Officer, Punjab Labour Court No.5, Faisalabad whereby the petitioners have been summoned to stand trial under section 25-A(8) of Industrial Relations Ordinance, 1969 is without jurisdiction and of no legal effect. 2. The respondents were directed to be re-instated in service with back benefits by learned Labour Court No.5, Faisalabad vide its orders dated 25-10-1986. The orders were challenged in appeals before this Tribunal and partly accepting the appeals of the petitioners the order of learned lower Court was modified holding that Safdar Azeem was entitled to back benefits with effect from 22-8-1985 and the remaining respondents namely Muhammad Arshad and Abdul Sattar with effect from 2-9-1985. Complaining that the orders of the learned lower Court No.5 were not implemented, the respondents brought three complaints under section 25-A(8) of Industrial Relations Ordinance. 3. It has been argued by the learned counsel for the petitioners that since no period was fixed for the implementation of the decision by the learned Labour Court No.5 the complaint could not be brought by the respondents themselves. On the other hand learned counsel for the respondents has argued that the respondents had a right to bring the complaint themselves. The line of the…
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