Case Details

Citation(s)
1990 SLG 1589 1990 SLD 1589 1990 PLC 16
Lahore High Court
Writ Petition No. 2504 of 1987, decided on 19th June, 1988.
ZIA MAHMOOD MIRZA
M. Asghar Malik for Petitioner. Ch. Nazir Ahmad for the Bank.

AKBAR ALI

VS

PUNJAB LABOUR APPELLATE TRIBUNAL and others

Law:

Section:

Constitution of Pakistan (1973)- ---Art. 199--Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A, 38 38-D--Dismissal of Bank employee--Dismissed employee of a Bank had a right to approach Labour Court to seek redress of his grievance--- [1985 P L C 105= standing overruled]. 1985 P L C 1053 standing overruled. JUDGMENT Facts giving rise to this constitutional petition, briefly stated, are that by order dated 6-1-1983, petitioner, a messenger in the Muslim Commercial Bank Limited was dismissed from service on account of misconduct. He challenged his dismissal in a grievance petition filed under section 25-A of Industrial Relations Ordinance which was accepted by the Punjab Labour Court No..9 Multan vide order dated 30-5-1984 whereby petitioner was ordered to be reinstated without back benefits. Feeling aggrieved with this order, the employer, respondent No. 3 herein preferred an appeal before the Punjab Labour Appellate Tribunal. Petitioner also filed cross-objections against the refusal of back benefits. 2. Punjab Labour Appellate Tribunal following the judgment of a Division Bench of this Court reported in 1985 P L C 1053 held that the Labour Court had no jurisdiction to entertain and adjudicate upon the grievance petition filed by a dismissed bank employee and, therefore, by order dated 10-3-1986, the learned Tribunal accepted the appeal of the employer and setting aside the order of Labour Court directed that the grievance petition filed by the petitioner be returned to him for presentation to the proper forum and consequently the cross­-objections filed by the petitioner regarding back benefits were also dismissed. 3. The aforementioned order of the learned Punjab Labour Appellate Tribunal as brought under challenge in the present constitutional petition. 4. I have heard the learned counsel for parties. It has been pointed out by the learned counsel for the petitioner that the judgment of the Division Bench following which the learned Labour…
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