| Citation(s) |
|---|
| 2001 SLG 2186 2001 SLD 2186 2001 PLC 357 |
Lahore High Court
Writ Petition No.8655 of 1990, heard on 24-11-2000.
SAYED ZAHID HUSSAIN, J
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Writ Petition No.8655 of 1990, heard on 24-11-2000.
SAYED ZAHID HUSSAIN, J
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PAKISTAN RAILWAYS through the Chief Personnel Officer
VS
PUNJAB LABOUR APPELLATE TRIBUNAL throughDeputy Registrar Lahore and 19 others
Law:
Section:
(a) Judgment Only parties to a are bound by it unless the same is in rem. Pir Bakhsh and others v.. The Chairman, Allotment Committee and others PLD 1987 SC 145 ref. (b) Industrial Relations Ordinance (XXIII of 1969) S.25 A Constitution of Pakistan (1973), Art.199 Constitutional petition Judgment in rem or in personam Appeal against one of the grievance petitions was decided by the Labour Appellate Tribunal in favour of the employer and on the basis of that order the employer filed appeals against other grievance petitions but the same were dismissed as being time barred Contention of the employer was .that the of Labour Appellate Tribunal was in rem and the subsequent appeals should have been decided on the basis of the same Validity Case being that of individual grievances of each of the employees with regard to benefit extended and availed by them, determination of the same by the Labour Court was in the nature of in personam Where the other s were not challenged within limitation, the , s had attained finality. Pir Bakhsh and others v. The Chairman, Allotment Committee and others PLD 1987 SC 145; Abdul Qadir and others v. Chairman, Allotment Committee and others 1987 SCMR 2104 and Muhammad Sohail and 2 others v. Government of N. W.F.P. and others 1996 SCMR 218 ref. (c) Industrial Relations Ordinance (XXIII of 1969) S. 25 A Grievance petition Maintainability Retired worker/workman Jurisdiction of Labour Court Retired employee did not cease to be a "workman" and could maintain a petition before Labour Court. Basharat Ali v. Punjab Labour Appellate Tribunal, Lahore and others 1989 SCMR 687 rel. Jehangir A. Jhojha for Petitioner AND Ghulam Muhammad Sajrah for Respondents Nos.4 to 20. Date of. hearing: 24th November, 2000. JUDGMENT In pursuance of Government of Pakistan's Circular through Office Memorandum dated 28 6 1980, an ad hoc increase in pension was extended to the civil pensioners. The contesting respondents herein were given this benefit and relief. It appears that the matter was taken up by the Pakistan Railway with the Federal Government when a further memorandum was issued on 14 1 1986 that such a benefit was not admissible to those retiring on or…
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