Case Details

Citation(s)
1999 SLG 765 1999 SLD 765 1999 PLC 52
Lahore High Court
Writ Petition No. 9448 of 1997, heard on 25-09-1998.
MALIK MUHAMMAD QAYYUM, J

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NATIONAL HIGHWAY AUTHORITY

VS

TARIQ KHURSHID and another

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------Ss. 1(3)(a) & 25-A---National Highway Authority Act (IV of 1991), Ss. 13 & 17---Constitution of Pakistan (1973), Art 199---Constitutional petition---Grievance petition---Maintainability---Grievance petition filed by employee of National Highway Authority was dismissed by Labour Court on ground that provisions of Industrial Relations Ordinance, 1969 were not applicable to seniority under National Highway Authority, but Labour Appellate Tribunal set aside order of Labour Court holding that since employee was a work-charge employee, he was not a "civil servant" and was governed by Industrial Relations Ordinance, 1969---Provisions of S. 13(3) of National Highway Authority Act, 1991 showed that service under National Highway Authority had been declared to be a service of Pakistan and every person holding a post under that Authority was deemed to be a civil servant for the purpose of Service Tribunals Act, 1973---Section 17 of National Highway Authority Act, 1991 also in clear and explicit terms had provided that Industrial Relations Ordinance, 1969 would not apply to or in relation to National Highway Authority---No grievance petition, in circumstances, could be brought under Industrial Relations Ordinance, 1969 by person working under National Highway Authority---High Court accepting Constitutional petition against of Labour Appellate Tribunal, declared order passed by it to be without lawful authority and of no legal effect and restored order passed by the Labour Court. Syed Nadeem Arif and others v. Federation of Pakistan 1998 PLC (C.S.) 597 ref. Jahanzeb Khan Bharwana for Petitioner. Respondent No. l in person. Nemo for Respondent No.2. Date of hearing: 25th September, 1998. JUDGMENT This petition under Article 19P of the Constitution of Islamic Republic of Pakistan, 1973 calls in question the order of the Punjab Labour Appellate Tribunal dated 1-12-1996 whereby the order of Labour Court No. l dated 8-2-1996 dismissing respondent No. 1's application under section 25-A of the Industrial Relations Ordinance on the ground that the provisions of Industrial Relations Ordinance, 1969 were not applicable to…
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