Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-------S. 38(3)---Remand of case by Labour Appellate Tribunal ---Validity--­Remand was natural incidence of appellate power vesting in Labour Appellate Tribunal and of necessity would be deemed to be vested in it---No fault, could, therefore, be found with order of remand passed by Labour Appellate Tribunal. Haji Malik Aman and 3 others v. Federation of Pakistan through Secretary and others 1993 SCMR 1837; Canteen Stores Department Employees' Welfare Union, Karachi v. Canteen Stores Department and others 1983 SCMR 1101; Trustees of the Port of Karachi v. Muhammad Saleem 1994 SCMR 2213; Muhammad Ali and others v. Sindh Labour Court No. 1, Karachi and others 1984 PLC 1645 and Black's Law Dictionary, Fifth Edn. ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 2(xxviii) & 25-A---Dismissed employee of petitioner company--­Status as workman---Respondent being dismissed employee could not fall within definition of "workman" as defined in S. 2(xxviii), Industrial Relations Ordinance, 1969 to be competent to maintain grievance petition under S. 25-A, Industrial Relations Ordinance, 1969. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 2(xxviii) & 25-A---Dismissal not relatable to industrial dispute--­Effect---Dismissal from service not being relatable to industrial dispute, respondent dismissed as such, could not be treated as workman and competent to maintain petition under S. 25-A, Industrial Relations Ordinance, 1969. (d) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 1(3)(a) & 25-A---Constitution of Pakistan (1973), Art. 199--­Constitutional petition---Inapplicability of Industrial Relations Ordinance, 1969---Service of petitioner (company) was connected with and incidental to Armed Forces of Pakistan---Industrial Relations Ordinance, 1969, was thus, inapplicable to petitioner in terms of S. 1(3)(a) thereof---Grievance petition filed by dismissed employee of petitioner company under S. 25-A of the Ordinance was, therefore, wholly incompetent and was rightly dismissed as such by Labour Court---Order of remand passed by Labour Appellate Tribunal was set aside being…

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