Case Details

Citation(s)
2000 SLG 1682 2000 SLD 1682 2000 PLC 613
Labour Appellate Tribunal, Sindh
Appeal NO.KAR 369 of 1998, decision dated: 13-08-1999
DR. TANZILUR REHMAN, CHAIRMAN

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ABDUL SAMI KHAN

VS

OVERSEAS PAKISTANIS FOUNDATION and others

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) Ss.l(b), 25 A & 37 West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S.1(4)(a) Grievance petition Maintainability Employer organization which was a welfare organization was established by and under a Federal Statute governed by a Board of Governors Organization neither being commercial nor industrial, West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, had no application Labour Court thus had no jurisdiction to entertain grievance petition filed by employee Grievance petition filed by employee had rightly been dismissed by Labour Court being not maintainable. 1998 PLC (C.S.) 1121; 1975 PLC 361; 1975 PLC 1; 1988 SCMR 765; 1998 SCMR 2109; 1998 PLC (C.S.) 627; 1998 PLC.(C.S.) 1078; 1998 PLC (C.S.) 1359; Civil Appeal No. 1513 of 1998; Civil Appeals Nos.22, 33, 34 and 58 of 1997; 1999 SCMR 819 and Civil Petition No.3202 of 1993 ref. JUDGMENT This is an appeal under section 37(3) of the Industrial Relations Ordinance, 1969, against the order, dated 1 10 1998, passed by the learned Presiding Officer, Second Sindh Labour Court, Karachi, on Grievance Application No.258 of 1997 under section 25 A of the I.R.O., 1969, whereby the learned Presiding Officer was pleased to dismiss the same. 2. The facts, leading to the above appeal, briefly stated are that the appellant, on 16 6 1997, filed the grievance petition under section 25 A of the I.R.O., 1969 before the learned Labour Court with the following prayer: "It is prayed that this Hon'ble Court may be pleased to pass an order granting continuity of service alongwith all benefits for the period from 1 1 1984 to 2 9 1987 during which he was illegally kept out of employment including the salary, allowances, other monetary benefits and proper grade minimum Grade VI on the basis of seniority duly recognized by the respondents themselves." The respondents filed their reply statement stating, inter alia, that 'the respondent is not an industrial establishment. It is a welfare organisation and that the provisions of Labour Laws including Standing Orders Ordinance, 1968, and I.R.O., 1969 are not applicable.…
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