Law: Industrial Relations Ordinance (XXIII of 1969)

Section: 25A

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Industrial Relations Ordinance (XXIII of 1969)--S. 25-A---Constitution of Pakistan (1973), Art. 185(35---Foundation of Labour Court's jurisdiction was that person invoking the provisions of S.25-A Industrial Relations Ordinance, 1969, should be a "workman"---Administrative or quasi-judicial Tribunals were not the judges of facts constituting the foundation of their jurisdiction---Leave to appeal was granted to consider whether High Court was not justified in refusing to go into the question of employee's status on the assumption that same was concluded by a finding of fact. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Constitution of Pakistan (1973), Art. 185(3)--Status of employee---High Court did not go into the question of status of employee on the ground that such being a question of fact regarding which finding was recorded by the Labour Appellate Tribunal which was not open to question in Constitutional jurisdiction---High Court should have gone into the question whether employee was a workman or not---Case was remanded to High Court for appraising evidence to decide the question of employee's status, after giving both parties equal opportunity to produce additional documents if found necessary for just decision. Ganga R. Madhani v. Standard Bank Ltd. and others 1985 SCMR 1511; General Manager, Hotel Intercontinental; Lahore and another v. Bashir A. Malik and others PLD 1986 SC 103 and Muhammad Sadiq v. Punjab Labour Court No. 1, Lahore and another PLD 1988 SC 633 rel. (c) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Foundation of Labour Court's jurisdiction was that person invoking the pro-visions of S.25-A should be a "workman". (d) Industrial Relations Ordinance (XXIII of 1969)--- ----Preamble---Administrative or quasi judicial Tribunals were not the judges of facts constituting the foundation of their jurisdiction. (e) Tribunal--- ----Administrative or quasi-judicial Tribunals were not the judges of facts constituting the foundation of their jurisdiction. JUDGMENT SAJJAD ALI SHAH, J.---This appeal with leave of the Court is directed against order dated 17-7-1990 of Lahore High Court, Lahore, whereby Writ…

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