Case Details

Citation(s)
1994 SLG 485 1994 SLD 485 1994 PLC 21
Lahore High Court
Writ Petition No. 5653 of 1984, decision dated: 30-12-1984.
ZIA MAHMOOD MIRZA, J

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THE PERSONNEL MANAGER

VS

MUZAFFAR ALI

Law:

Section:

Constitution of Pakistan (1973)Art. 199Industrial Relations Ordinance (XXIII of 1969), Ss. 25A & 38­Employers who had challenged maintainability of grievance petition of employee in Constitutional petition on ground that employee was not a "workman" within meaning of Labour Laws, had also filed appeal before Appellate TribunalEmployers contended that Tribunal being empowered to suspend operation of impugned order only for 20 days, appeal filed by employers could not be said to be an adequate remedy in circumstances of the case and further that in similar circumstances, when appeals were pending before Tribunal, Constitutional petitions on ground of inefficacy of appeals were entertained in High Court and were also finally disposed ofQuestion raised by employers needing consideration, Constitutional petition was admitted for hearing. M.S. Bokhari for Petitioner. ORDER Learned counsel contends that respondent Muzaffar Ali was a Foreman in Bata (Pakistan) Ltd. It is in evidence before the Labour Court that he used to grant leave and issue showcause notices and chargesheets to the employees under him. It is, therefore, argued that the said respondent was not a workman within the meaning of Labour Laws and, as such, his grievance petition under section 25A of the I.R.O. was not…
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