Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) Ss. 2 A & 37(3) Grievance petition. Competency Appeal before Appellate Tribunal Appellant who had retired from service had filed grievance petition wherein he had claimed his outstanding dues, various retirement benefits and full quantum of pension Grievance petition was returned by Labour Court holding that he being No. more in service after retirement, could not claim to be "workman" and invoke aid of Labour Court as only a person on the job could claim to be a "workman" and could file grievance petition Validity Appellant was not asking for his' reinstatement in service and had not assailed order of his retirement, but had only laid claim to his outstanding dues Correctness of claim of appellant had to be determined in the light of evidence and relevant rules, but his grievance petition was returned simply on technical ground Interpretation of law seeking safeguard and defend rights of working class was to be considered to be close to legal and statutory intent and objective and the contrary view would be perverse and averse to intention and aim of law and equity Case of appellant could be proceeded in the Labour Court and same had to be thrashed and determined on merits Case was remanded by Appellate Tribunal to Labour Court to decide afresh accordingly. JUDGMENT Learned Labour Court No. 1, Lahore, presided over by Mian Abdul Qayyum, on 3 3 1996, returned the grievance petition, as being incompetent, for presentation before proper forum. There were as many as 15 petitions, having been filed by different persons, claiming to be employees of the Punjab Road Transport Corporation, the Government Printing Press and a few other Organizations, having been serving them as, workmen. They were all dismissed or removed from service. They laid claim to their outstanding dues, various retirement benefits and full quantum of pension. 2. Being no longer in service they could not claim to be workmen and invoke the aid of the Labour Laws in their favour by having recourse to a labour forum, in the opinion of the learned lower Court. Learned Presiding Officer of the Labour Court has taken into consideration different…

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