| Citation(s) |
|---|
| 1990 SLG 1237 1990 SLD 1237 1990 PLC 34 |
Lahore High Court
Writ Petitions Nos. 1688 and 1689 of 1984, decided on 11tb March, 1989.
LEHRASAP KHAN, J
Khurshid Ahmad Mirza for Petitioner. Muhammad Asghar Malik for
Respondent No. 2.
Writ Petitions Nos. 1688 and 1689 of 1984, decided on 11tb March, 1989.
LEHRASAP KHAN, J
Khurshid Ahmad Mirza for Petitioner. Muhammad Asghar Malik for
Respondent No. 2.
NATIONALBANK OF PAKISTAN
VS
NATIONALBANK OF PAKISTAN vs PUNJAB LABOUR COURT No. 7, GUJRANWALA and anothers
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A--Award by Wage Commission--Award like any other award enforceable under section 25-A, Industrial Relations Ordinance--Employee of Nationalised Bank has a locus standi to challenge order of his termination from service before Labour Court on ground that same was violative of terms of award of Wage Commission. (b) Constitution of Pakistan (1973)-- ---Art. 199--Industrial Relations Ordinance (XXIII of 1969), S.25-A--Appeal against order of Labour Court reinstating employee having been dismissed by Labour Appellate Tribunal, order of Labour Court merged into order of Labour Appellate Tribunal which was not assailed through Constitution Petition--Order of Labour Court was assailed--Held, legally, after decision of appeal by Labour Appellate Tribunal and merger of order of Labour Court with said decision, order of Labour Court which was no more in field could not be impugned through Constitutional petition. JUDGMENT This judgment shall dispose of two writ petitions (Writ Petition No.1688 of 198.1 titled National Bank of Pakistan Versus Punjab, Labour Court No.7, Gujranwala etc. and Writ Petition No.1689 of 1984 titled National Bank of Pakistan Versus Punjab Labour Appellate Tribunal etc). 2. Saadat Hassan Khan, respondent No.2 in both the writ petitions was in the service of National Bank of Pakistan as clerk in the year 1977. He was then serving in Small Industries Branch, Gujranwala. He was charge-sheeted on 25-41977 (Annexure `A') whereby he was accused of insubordination and misconduct etc. Explanation furnished by him to the charge-sheet was considered unsatisfactory and thus a domestic inquiry followed. As a result of inquiry he was found guilty and consequently he was dismissed from service on 18-3-1982. The respondent after service of grievance notice on the employer, filed a grievance petition before the learned Punjab Labour Court No.7, Gujranwala under section 25-A of the Industrial Relations Ordinance, 1969, (hereinafter referred to as the Ordinance). Grievance petition was of course opposed by the petitioner bank. The learned Labour Court, however after hearing the parties and after…
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