| Citation(s) |
|---|
| 1989 SLG 1650 1989 SLD 1650 1989 PLC 947 |
Labour Appellate Tribunal, Punjab
Appeal No. MN-87 of 1988, decided on 2nd May, 1988.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
H.R. Haider for Appellant. Abdur Rashid Malik for
Respondent.
Appeal No. MN-87 of 1988, decided on 2nd May, 1988.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
H.R. Haider for Appellant. Abdur Rashid Malik for
Respondent.
MUHAMMAD BAKHSH SIDDIQUE
VS
SUPERINTENDING ENGINEER, MESCO DIVISION, WAPDA, MULTAN
Law:
Section:
Pakistan Essential Services (Maintenance) Act (LIII of 1952)-- ---S. 1--Industrial Relations Ordinance (XXIII of 19(9), S. 25-Ar--Jurisdiction of Labour Court--Ouster of jurisdiction by application of Pakistan Essential Services (Maintenance) Act, 1952--Notificalion applying provisions of Act. is effective only if published in the official Gazette--Publication of Notification in official Gazette not proved--Labour Court, in circumstances, held, was not justified and competent to hold that its jurisdiction was barred--Order of Labour Court set aside and case remanded for redecision after decision on point of jurisdiction. JUDGMENT The appeal captioned above is directed against the decision dated 10-1-1988 recorded by learned Presiding Officer, Punjab Labour Court No. 9, Multan whereby the respondent has been directed to be reinstated in service with back benefits. 2. A question was raised before the learned lower Count that Essential benefits Services (Maintenance) Act, 1952 had been made applicable to the appellant and therefore the learned Labour Court had no jurisdiction. The learned lower Court has held that notification applying Essential Services (Maintenance) Act, 1952 to the appellant was issued commencing the period of six months from 4-12-1980 and the appellant was dismissed from service on 20-3-1981, therefore, the remedy to the appellant was not in the Labour Court. There is a letter of Central Ministry dated…
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