| Citation(s) |
|---|
| 1990 SLG 1322 1990 SLD 1322 1990 PLC 242 |
Lahore High Court
Writ Petition No. 1035 of 1988, decided on 12th June, 1989.
IJAZ NISAR, J
Pervaiz Alamgir for Petitioners. Bashir Ahmad for
Respondent No. 1.
Writ Petition No. 1035 of 1988, decided on 12th June, 1989.
IJAZ NISAR, J
Pervaiz Alamgir for Petitioners. Bashir Ahmad for
Respondent No. 1.
THE SUPERINTENDING ENGINEER, WAPDA, LAHORE and another
VS
MUHAMMAD SHARIF BAJWA and another THE SUPERINTENDING ENGINEER, WAPDA, LAHORE and another vs MUHAMMAD SHARIF BAJWA and another
Law:
Section:
(a) Industrial dispute- --- Dismissal of deputationist---Competent Authority---Petitioner, who was a Government employee, on deputation to WAPDA, was removed from service on ground of being absent from duty without leave ---WAPDA, held, was not competent to dismiss or remove petitioner from service, but could only refer matter to Government for necessary action. (b) Industrial dispute-- ---"Workman"---Evidence on record proved that petitioner dismissed from service on being absent from duty without leave, was performing his duty personally with his own hands in the field and his duty pertained to supply of electricity and its maintenance---Petitioner, on account of nature of his duties, held, was rightly found by Court to be a "workman". (c) Industrial dispute-- --- Proper service of summons---Petitioner who was on leave, applied for extension of leave, but employer refused extension and dismissed him on ground of being absent from duty without leave serving him at his home address instead of an address given by petitioner in his leave application---Petitioner, held, was not properly served as all communications should have been addressed to petitioner on address given by him in his leave application. (d) Constitution of Pakistan (1973)-- ---Art. 199---Constitutional jurisdiction---Scope---Both Courts of competent jurisdiction, had decided cases in accordance with law---Concurrent orders passed by Courts below, held, could not be interfered with .in Constitutional jurisdiction of High Court. ORDER Briefly stated the facts are that Muhammad Sharif Bajwa an employee of WAPDA proceeded on leave on 10-11-1979. Subsequently he applied for three months extension of leave which was refused. Instead of joining duty he proceeded abroad for four years. Consequently he was dismissed from service. He reported for duty on 5-10-1983. On coming to know of the dismissal order he filed a grievance petition before the Punjab Labour Court No. 1 which was dismissed being time-barred on 10-7-1986. He preferred appeal before the Punjab Labour Appellate Tribunal which remanded the case to Labour Court to determine afresh the point of jurisdiction and his status as workman. The Labour…
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