| Citation(s) |
|---|
| 1995 SLG 1138 1995 SLD 1138 1995 PLC 291 |
Labour Appellate Tribunal, Punjab
Revision Petition No. LHR-325 of 1994/Pb., decided on 19th February, 1995.
SH. ABDUL WAHEED APPELLATE TRIBUNAL
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Revision Petition No. LHR-325 of 1994/Pb., decided on 19th February, 1995.
SH. ABDUL WAHEED APPELLATE TRIBUNAL
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EXECUTIVE ENGINEER, ELECTRICITY, WAPDA, LAHORE
VS
MUHAMMAD ASHRAF NAEEM
Law:
Section:
(a) Industrial dispute--- ---- WAPDA employee---Grievance petition ---Competency---WAPDA employees having been declared as `civil servants' by virtue of S. 17(1-B) of WAPDA Act, 1958, Service Tribunal alone had jurisdiction to adjudicate with regard to terms and conditions of WAPDA employees and grievance petition before Labour Court would be incompetent. WAPDA and another v. Muhammad Arshad Qureshi 1986 SCMR 18 and Government of Balochistan and others-v. Shabir Ahmad and another 1990 SCMR 1233 ref. (b) Industrial Relations Ordinance (XXIII of 1969)---- ----S. 36---Jurisdiction of Labour Court---Petitioner who was employed as Meter Reader in WAPDA was suspended due to his arrest by F.I.A: --On filing grievance petition, Labour Court suspended operation of suspension order till final decision of grievance petition---Labour Court which did not possess general jurisdiction as conferred on. Civil Courts by S. 9 of C.P.C., was not competent to pass order suspending operation of suspension order passed by Authority. Ch. Khalil-ur-Rehman for Petitioner. Mian Mahmood Hussain for Respondent. Date of hearing: 19th February, 1995. JUDGMENT This revision petition is directed against an interlocutory order passed by the Punjab Labour Court No. 2, Lahore on 22nd of March, 1994, whereby on the application of the respondent operation of the order of his suspension, dated 22nd of March, 1992 was suspended by way of temporary injunction. 2. The respondent was employed with the WAPDA as a Meter Reader in Kot Radha Kishan Sub-Division. On 17th of March, 1992 he was arrested by the F.IA. The petitioner, therefore, vide his order, dated 22nd of March, 1992 placed him under suspension from the above date. He filed a grievance petition assailing the validity of the suspension order on the ground that it being for an indefinite period, offended against the provisions of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. Alongwith the grievance petition, he filed an application for a temporary. injunction suspending the operation of the suspension order during the pendency of the grievance petition. 3.…
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