| Citation(s) |
|---|
| 1995 SLG 1085 1995 SLD 1085 1995 PLC 120 |
Lahore High Court
Writ Petition No. 10715 of 1980, heard on 2nd October, 1994.
MUHAMMAD AQIL MIRZA, J
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Writ Petition No. 10715 of 1980, heard on 2nd October, 1994.
MUHAMMAD AQIL MIRZA, J
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QUTAB-UDDIN
VS
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 38(3)(a) & 35---Payment of Wages Act (IV of 1936), S. 17---Revisional jurisdiction of Labour Appellate Tribunal---Extent---Appeal preferred to Labour Court under S. 17, Payment of Wages Act, 1936, whether a proceeding under Industrial Relations Ordinance, 1969, and as such revisable by Labour Appellate Tribunal ---Revisional jurisdiction of Labour Appellate Tribunal extends to any case or proceedings under Industrial Relations Ordinance, 1969---Where any appeal decided by Labour Court under S. 17, Payment of Wages Act, 1936, was found to be also a case decided by Labour Court under Industrial Relations Ordinance, 1969, then revisional jurisdiction under S. 38 of the Ordinance, would be exercisable by Labour Appellate Tribunal---Provision of S: 35, Industrial Relations Ordinance, 1969 postulates that Labour Court would also have jurisdiction in respect of matters which were assigned to it---Powers which were exercisable by Labour Court under any other law; thus, stood adopted and conferred under Industrial Relations Ordinance, 1969 itself with the result that orders passed by Labour Court in appeal under S. 17, Payment of Wages Act, 1936, become amenable to jurisdiction of Labour Appellate Tribunal under S.38, Industrial Relations Ordinance, 1969 being a general law concerning matters relating to workman, if power were conferred under any Special Law on a forum established under general law, then while exercising powers under Special Law, such forum exercises its normal jurisdiction---(Pakistan through Chairman, Pakistan Railway Board, Lahore v. Maqsood Ali and 2 others 1981 PLC 307) dissented from. National Cement Industries Ltd. v. Sindh Labour Appellate Tribunal 1981 PLC 561; Abdul Razzaq and 7 others v. Sindh Labour Appellate Tribunal and another 1990 PLC 261; Assistant Director, Labour Welfare (Inspection) Multan v. Occupier/Manager, Hilal Enterprises (Pvt.) Ltd. 1989 PLC 167, Pakistan PVC Ltd. v. Noor Khan and others 1991 PLC 718; Sheikh Silk Mills, Karachi v. Presiding Officer, Sindh Labour Court No.3 1993 PLC 368; S.M. Rehman and Company v. Motabar and others PLD 1981 SC 287 and Muhammad…
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