Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 37---Constitution of Pakistan (1973), Art. 199---Civil Procedure Code (V of 1908), O. XLI, R. 22---Filing of cross-objections---No specific provision having been provided under S. 37, industrial Relations Ordinance, about filing cross-objections, general principles of law, would be applicable--­Respondent would be entitled to support order of Labour Court on ground different from one on which labour Court had based its decision---Objection taken by employer, that employee was not workman and he was not allowed to agitate this issue before Labour Appellate Tribunal on the ground that no cross­-objections were filed against finding recorded by Labour Court---Held, Labour Appellate Tribunal had acted with material irregularity in not allowing employer to argue point that employee was not a workman---Question whether or not employee was a workman within purview of Ordinance was a question relating to jurisdiction of Labour Court and Labour Appellate Tribunal and such question ought to have been allowed to be raised and decided as a preliminary issue---Case was remanded to Tribunal for decision afresh in accordance with law. Khairati and others v. Aleemuddin and another P L D 1973 S C 295 ref. Muhammad Tufail v. Barkat Ali P L D 1967 Kar. 151; Sh. Muhammad Ashraf v. Muhammad Almas P L D 1981 Lah. 52; Muhammad Hussain Khan v. Said Muhammad Khan P L D 1988 S C (AJ&K) 184; Abdullah Butt v. Munawar Ali 1985 S C M R 1007; Faqir Muhammad v. Muhabbat Khan P L D 1958 Lah. 918; Ahmad Din v. Karam Elahi 1984 C L C 2165; Riasat Ali v. Muhammad Shah 1984 C L C 2384; Wali Muhammad v. Abdul Karim 1984 C L C 2554; Ruqiya Begum v. Water and Power Development Authority 1985 M L D 942; Bashir Ahmad v. Additional District Judge, Gujrat 1985 C L C 2485; Syed Ali Raza v. Aurangzeb Khan 1987 C L C 1829; Qutub-ud-Din v. Muhammad Siddique P L D 1969 Lah. 418; Mhand v. Mst. Amautul Hafeez P L D 1954 Lah. 278; Management of Itakhoolie Tea Estate v. Its Workmen A I R 1960 S C 1349 and M/s. S.M. Yusuf v. Mirza Muhammad Mehdi Pooya P L D 1965 S C 15 rel. JUDGMENT This petition under Article 199 of the Constitution of the…

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