Law:

Section:

(a) Industrial Relations Ordinance (XXIH of 1969)--- ----Ss. 2(xxviii) & 25-A---Workman---Employee who had challenged his dismissal order was appointed as fitter and was dismissed by issuing him letter of dismissal---Employee having qualified conditions of a workman as envisaged in S.2(xxviii) of Industrial Relations Ordinance, 1969, he could competently invoke jurisdiction of Labour Court. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 2(viii), (xxviii) & 25-A---Constitution of Pakistan (1973), Art. 199--­Constitutional jurisdiction, exercise of---Question of fact---Relationship of employer and employee being a question of fact, had properly been determined by Labour Court---Same could not be allowed to be re-opened in Constitutional jurisdiction of High Court. (c) Payment of Wages Act (IV of 1936)--- ----Ss. 15, 17 & 22---Industrial Relations Ordinance (XXIII of 1969), S. 25-A--­Gratuity--Recovery of---Jurisdiction of Labour Court to adjudicate upon--­Labour Court while accepting grievance petition of employee against his dismissal found him entitled to payment of gratuity for relevant period--­Employer had challenged order of Labour Court contending that for recovery of gratuity a separate forum had been provided under Payment of Wages Act, 1936 and under its S.22, jurisdiction of other-Courts to entertain such claims having been excluded, Labour Court could not order payment of gratuity to employee--­Contention was repelled as Authority appointed under S. 15(1) of Payment of Wages Act, 1936 could adjudicate claims arising out of deductions from the wages or non-payment of dues relating to provident fund or gratuity payable under any law or delay in payment of wages, but it had no jurisdiction to determine question of dismissal from service for which jurisdiction of Labour Court had to be invoked under S.25-A of Industrial Relations Ordinance, 1969, which had rightly been invoked by employee alongwith entitlement to payment of gratuity---Appeal under S.17 of Payment of Wages Act, 1936 lay before Labour Court against order of Authority under Payment of Wages Act, 1936--­Bar as embodied in S.22 of Payment of Wages Act, 1936, thus,…

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