Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--S. 25-A---Constitution of Pakistan (1973), Art.185(3)--- Leave to appeal was granted to consider, whether Labour Appellate Tribunal was competent to hear appeals from orders of Labour Courts in matters arising out of dismissal/removal from service of workmen. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Nature of grievance to be adjudicated by Labour Court--­Grievance under S.25-A, Industrial Relations Ordinance, 1969 would have to relate to a right guaranteed or secured to workman by or under any law or any award or settlement for the time being in force. W.P.I.D.C. v. Rashid Ahmad 1988 SCMR 526; Colonial Sugar Refining Company, Ltd. v. Irving 1905 AC 369; Idrees Ahmad v. Fida Ahmad Khan PLD 1985 SC 376 and P.IA. Corporation v. Pak. Saar Dry Cleaners PLD 1981 SC 553 ref. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ----S.O. 12(3)---Industrial Relations Ordinance (XXIII of 1969), S.25-A--­Workman removed from service in violation of provisions of S.0.12 of Ordinance VI of 1968, could seek his grievance from Labour Court---Whatever be the nature of grievance, whether, it was one mentioned in S.25-A(1), Industrial Relations Ordinance, 1969, or of the kind specified in S.0.12(3) .of Ordinance VI of 1968, competence of Labour Court to deal with it would flow from S. 25-A, Industrial Relations Ordinance, 1969. (d) Industrial Relations Ordinance (XXIII of 1969)-- ----S. 37(3)---Right of appeal from decision of Labour Court---Provision of S.37(3), Industrial Relations Ordinance, 1969 expressly enables an aggrieved party to file appeal before Labour Appellate Tribunal from a decision of Labour Court. Muhammad Hussain -v. Islamic Republic of Pakistan PLD 1991 SC 385 and S.M. Rehman & Co. v. Motabar PLD 1981 SC 282 ref. (e) Constitution of Pakistan (1973)-- ----Art. 185(3)---High Court, in holding that petitioner was not a workman and that Labour Appellate Tribunal had no jurisdiction to grant him relief, was clearly in error ---Appeals were accepted and writs issued by the High Court were withdrawn. (f) Industrial Relations Ordinance (XXIII…

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