Law:

Section:

Pakistan International Airlines Corporation Act (XIX of 1956)--- . ----S. 10---Pakistan International Airlines Corporation Employees (Service and Discipline) Regulation, 1985, Reglns. 85 & 88---Removal from service--­Appeal---Jurisdiction of Labour Appellate Tribunal to entertain appeal--­Appellant, Senior Technician in respondent P.I.A. Corporation, challenging his removal from service effected on proof of allegations of his involvement in gold smuggling---Employer Corporation's plea was that because order of removal was passed by its Chairman under Regln. 88, therefore, no appeal or review could be filed against his order in view of provision oaf Regln. 89 and S. 10(3) of PIA Corporation Act, 1956---Held, an order of retirement or removal under Regln 88 could not but he considered as penalty and Regln. 85 gave employee right of appeal or review from an order passed by competent Authority imposing upon him any penalty---In view of addition of subsections (2), (3) and (4) to S. 10 of Act, by Amendment Ordinance of 1984 which did not have any retrospective effect, appeal, could not be filed in any other Court except Service Tribunal in view of S.10(3) read with Art. 212, of Constitution of Pakistan---In the present case appeal could be filed upto and even after 5-2-1985 by which time the jurisdiction of the Labour Court was restored--­Labour Court had jurisdiction to entertain appeal but grievance petition was barred by time and that too without service of grievance notice--Order of rejection of grievance petition was upheld. Ch. Muhammad Ashraf Khan for Appellant. Suhail Mahmood, Law Officer for Respondents. Date of hearing. 26th March, 1991. DECISION This is an appeal against the order of learned Presiding Officer, Sindh Labour Court No. IV, at Karachi, dated 3-12-1990, whereby he dismissed grievance petition of the appellant holding the Labour Court has no jurisdiction and further that the grievance notice was time-barred. 2. I have heard Ch. Muhammad Ashraf Khan, learned Advocate for the appellant and Mr. Suhad Mahmood, learned Law Officer for the respondent and have also gone through the record and proceedings of the case. 3. The brief facts of the case…

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