| Citation(s) |
|---|
| 1997 SLG 537 1997 SLD 537 1997 PLC 6 |
Lahore High Court
Writ Petition No. 5251/S of 1996, heard on 15-10-1996, hearing DATE : 15-10-1996.
MRS. FAKJAR-UN-NISA KHOKHAR, J
Syed Asif Raza Gillani for Petitioner. RiazulHassan and Muhammad Amir Malik, Khan Muhammad Hussain Azad, A.A.G. (Punjab) and Syed Sajid Hussain Bukhari for
Respondent No. 2.
Respondent No. 3 in person.
Writ Petition No. 5251/S of 1996, heard on 15-10-1996, hearing DATE : 15-10-1996.
MRS. FAKJAR-UN-NISA KHOKHAR, J
Syed Asif Raza Gillani for Petitioner. RiazulHassan and Muhammad Amir Malik, Khan Muhammad Hussain Azad, A.A.G. (Punjab) and Syed Sajid Hussain Bukhari for
Respondent No. 2.
Respondent No. 3 in person.
Muhammad Aslam
VS
PUNJAB LABOUR APPELLATE TRIBUNAL, LAHORE and 2 others
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)S. 38(8)Constitution of Pakistan (1973), Art. 199Constitutional petitionCompetenceTermination of employees' servicesLabour Court ordered reinstatement of employeesLabour Appellate Tribunal granted stay order in favour of employers on basis whereof, employees could not be reinstated Validity Plea raised in Constitutional petition by employees was that injunction order granted by Labour Appellate Tribunal would stand vacated after twenty days of its issuance, therefore, employees must be reinstated as per decision of Labour CourtProvisions of S. 38(8), Industrial Relations Ordinance, 1969 being in nature of command of law was available to large class of persons, therefore, Constitutional petition against injunction order which stood vacated by command of law was competentTwenty days' duration of injunction order having admittedly expired, employers were directed to comply with command of law in terms of S. 38(8), Industrial Relations Ordinance, 1969 and reinstate employees in service subject to final decision of Labour Appellate Tribunal. Province of Punjab through Secretary, Housing, Physical and Environmental Planning Department and 3 others v. Gul Hassan and 33 others 1992 PLC 924; Kohinoor Cotton Mills Ltd. v. Punjab Labour Tribunal and others 1980 PLC 800f and Mst. Nawab Bibi and another v. Chairman, Allotment Committee and others PLD 1987 SC 145 ref. (b) Industrial Relations Ordinance (XXIII of 1969) S. 2(xxviii)Constitution of Pakistan (1973), Art. 199Constitutional petitionStatus of employeesNature of work assigned to employees whether makes them workcharge employee or workmanSuch question has to be determined by Labour Appellate Tribunal alongwith impact of order of Labour CourtHigh Court constrained from giving any observation in respect of merits of case in its Constitutional jurisdiction. JUDGMENT This matter be considered as notice case. Through this single judgment Writ Petitions Nos. 5251S/96 to 5261S/96 stand disposed of. 2. Brief facts of the instant petitions are that the petitioners were working with the respondents for a long time. Respondents Nos. 2 and 3 kept the petitioners as workcharge…
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