Case Details

Citation(s)
1996 SLG 250 1996 SLD 250 1996 PLC 22
Labour Appellate Tribunal, Sindh
Appeals Nos. 227 to 232 of 1995, decision dated: 22-08-1995
MUSHTAK ALI KAZI, APPELLATE TRIBUNAL

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MANZOOR AHMAD and 74 others

VS

COMMANDER H.Q. SOUTH ZONE, KARACHI and 3 others MANZOOR AHMAD and 74 others Vs COMMANDER H.Q. SOUTH ZONE, KARACHI and 3 others

Law: Industrial Relations Ordinance (XXIII of 1969)

Section: 1(3)(a),25A

Industrial Relations Ordinance (XXIII of 1969)---- ----Ss. 1(3)(a) & 25-A---Grievance petition---Maintainability---Services of employees working in National Logistic Cell (N.L.C.) having been terminated by Commander Headquarters, they challenged their termination in their petitions filed under S.25-A of Industrial Relations Ordinance, 1969---Persons working in N.L.C. were definitely connected with armed forces and regarding their appointment and termination, civil authorities had no power---Such persons might be doing the work of transportation of goods as directed by Government but being on deputation they had to be reverted to their appointing authority for any act of misconduct or negligence and they were to be punished by Army Officers including their termination from service--­Labour Court thus had rightly declared that appointment and termination of employees who were working in N.L.C. were outside the jurisdiction of Labour Court---Petitions filed by employees before Labour Court under S.25-A of Industrial Relations Ordinance, 1969 were not maintainable in circumstances. DECISION These are six connected appeals involving common questions of law and fact filed by employees working in N.L.C. against their termination, of service by the Commander, Headquarters South Zone, N.L.C. Keamari. Karachi. The appellants had filed petition under section 25-A of the I.R.O. in the Vth Sindh Labour Court, Karachi for reinstatement. The Labour Court after scrutinising the facts, law and notification came to the conclusion that section 25-A of the I.R.O. would not be availed of by the appellants as N.L.C was an attached Department of the Government of Pakistan functioning under Quarters Master General who was the Principal Staff Officer to the Chief of Army Staff General Head Quarters. That the entire set up of N.L.C consists of Army officers deputed to work in the N.L.C. which is neither Industrial nor commercial Establishment. These employees are appointed by the Army and terminated by them. They only work on deputation…
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