Case Details

Citation(s)
1989 SLG 1353 1989 SLD 1353 1989 PLC 478
Lahore High Court
Writ Petitions Nos. 4734 and 4735 of 1988, heard on 6th November, 1988
AFRASIAB KHAN, J
Ch. Yawar Ali Khan for Appellant. H.R. Haider for
Respondents.

ZILLA COUNCIL, SARGODHA

VS

PUNJAB LABOUR APPELLATE TRIBUNAL and others

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-­ ---S. 25-A--Constitution of Pakistan (1973), Art. 199--Employees of autonomous bodies--Regularization of service--Employees' services were regularized w.e.f. 1-7-1984--Employees' claim to be regularized w.e.f. 1-7-1973, the date of their employment with autonomous body, was accepted by Labour Court and confirmed by Appellate Labour Tribunal in appeal--Order of Labour Appellate Tribunal impugned in Constitutional jurisdiction--Autonomous body failed to point out any legal flaws in the impugned s--Autonomous Body's plea that grievance petition was barred by limitation had been rightly rejected by Tribunals--Substantial justice having been done by two Tribunals below in granting relief to deserving employees as warranted by law, case was not fit to call for interference in Constitutional jurisdiction of High Court--Petition dismissed in circumstances. JUDGMENT The petitioner, Zila Council, Sargodha has moved these two Constitutional petitions (Writ Petitions Nos. 4734 and 4735 of 1988) praying therein that the orders dated 7-6-1988 and 6-4-1988 passed by the respondents Nos. 1 and 2 respectively, may be declared without lawful authority and of no legal consequence. As the common questions of law and facts have arisen in both these writ petitions, as such, I propose to dispose of these matters together by this consolidated judgment. 2. Briefly, the facts are that the respondents in both the writ petitions were employed by the petitioners as Mates and Beldars. The Government issued notification on the subject that employees of autonomous bodies should be made regular. The petitioner in obedience to the above-said notification proceeded to regularize the services of the respondents w.e.f. 1-7-1984 vide Annex. `A'. The respondents in both the petitions instituted grievance petitions before the Punjab Labour Court No. 5, Sargodha praying that they should be regularized w.e.f. 1-7-1973. The grievance petition of the respondents was contested by the petitioner on the ground that the same was barred by limitation and that on merits too no case was made out. The Punjab Labour Court accepted the grievance petition of the…
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