| Citation(s) |
|---|
| 1997 SLG 907 1997 SLD 907 1997 PLC 642 |
Labour Appellate Tribunal, Punjab
Revision Petition No. 65 of 1996, decision dated: 18-07-1996
MIAN GHULAM AHMAD, CHAIRMAN
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Revision Petition No. 65 of 1996, decision dated: 18-07-1996
MIAN GHULAM AHMAD, CHAIRMAN
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CIVIL AVIATION AUTHORITY through Deputy Director (M) (now Senior Works Engineer), Lahore
VS
ZAMIR ALAM
Law:
Section:
(a) Industrial dispute----Ad interim injunction, grant ofTemporary/ad interim injunction could be granted or refused by a Court only when it was competent to deal with the main matter as question of ad interim injunction had not to be attended to it an isolated manner, detached and divorced from main case and competence of a Court could not be said to be available as regards a part of relief and not respecting remaining part. (b) Pakistan Civil Aviation Authority Ordinance (XXX of 1982) S. 23Industrial Relations Ordinance (XXIII of 1969), Ss. 1(3)(a) & 25AWest Pakistan Industrial and Commercial Employment (Standing Orders') Ordinance (VI of 1968), S.1(4) (c)Grievance petition MaintainabilityBar of jurisdictionCivil Aviation Authority which worked under control and authority of Federal Government, neither was industrial nor a commercial organisationCivil Aviation Authority having, its own statutory rules of service, its employees, thus would not be eligible to approach Labour Court for redress of their grievances as neither Industrial Relations Ordinance, 1969 nor West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 would be attracted to their casesGrievance petition filed by employees of Civil Aviation Authority before Labour Court, was not maintainable, in circumstances. K.G. Old v. Presiding Officer, Punjab Labour Court PLD 1976 Lah. 1097 and Haji Malik Awan v. Federation of Pakistan 1993 SCMR 837 ref. Qureshi Muhammad Hafeez for Petitioner. Nemo for Respondent. Date of hearing: 14th July, 1996. JUDGMENT The revision petition is directed against an order dated 2211996, rendered by Punjab Labour Court No. 9, Multan, rejecting an application submitted by the Civil Aviation Authority through its Acting Airport Manager, Multan Airport, seeking dismissal of the grievance petition, filed by one Zamir Alam, under section 25A, Industrial Relations Ordinance, 1969. challenging his removal from service. 2. Revision petitioner's plea is that the Airport Development Authority has been merged in the Civil Aviation Authority, which is a body corporate, and can sue and be sued in its corporate name, and the grievance petition, by not…
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