Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)... ---S. 25 - A---Compulsory retirement---Petitioner, an employee of respondent­ Bank, was compulsorily retired, his grievance petition before Labour Court was contested by respondent who originally raised no objection as to limitation but during course of hearing before Labour Court it was objected that notice was served by petitioner beyond prescribed time---Objection was, however, overruled by Labour Court and order of petitioner's compulsory retirement was set aside-On appeal by respondent-Bank, Labour Appellate Tribunal remanded case to Labour Court with observation that Labour Court should have allowed parties to lead evidence on question of limitation to decide as to whether grievance notice was barred by time or not---Petitioner challenging said order of remand stating that Labour Appellate Tribunal while remanding case to Labour Court had made such observations which had virtually foreclosed question of limitation and that there was nothing left with Labour Court to decide---Apprehension of petitioner, held, was not well-founded---Perusal of record of Labour Appellate Tribunal as a whole showing that no positive finding on any question raised before Court was recorded and observation made therein was only for purpose of considering as to whether matter should be remanded or not---At the request of counsel for parties it was clarified that matter should be decided by Labour Court on its own merits after allowing parties to lead evidence uninfluenced by observations made by Labour Appellate Tribunal. Muhammad Zaman Qureshi for Petitioner. Ch. Habib-ur-Rehman and Ch. Khalil-ur-Rehman for Respondents. Date of hearing: 4th February, 1990. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 calls in question the order of remand passed by the Punjab Labour Appellate Tribunal on 1-11-1988 whereby the order dated 10th April, 1988 of the Punjab Labour Court No.5, Faisalabad was set aside and the matter was remitted to the Labour Court for its decision afresh after allowing the parties to lead evidence. 2. The petitioner, who was working as Officer Grade-III in the…

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