Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-------S.34---Labour Court---Jurisdiction---Employee was Vice-President of employer Bank, he was among the top-most echelons of the Bank, therefore, considering himself as employer, invoked the jurisdiction of Labour Court under the provision of S.34 of the Industrial Relations Ordinance, 1969--­Validity---Employer in the present case was the Bank, the provision of S.34 of the Industrial Relations Ordinance, 1969, could not be invoked by the employee in his capacity as an employee---Labour Court did not have any jurisdiction in circumstances. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss.2(xxiv), 26 & 34--Term "settlement"--Applicability---Letter of employment, Staff Service Rules and Employment Policy of employer Bank were covered under the term "settlement"---Validity---Documents were not covered under the term "settlement"---On the basis of such documents, the Labour Court could not exercise jurisdiction under S.34 of the Industrial Relations Ordinance 1969. Pakistan Cycle Industrial Cooperative Society Ltd. v Punjab Labour Appellate Tribunal and others 1983 PLC 1215 ref. (c) Industrial Relations Ordinance (XXIII of 1969)--- ---S. 34--Constitution of Pakistan (1973), Art.199--Constitutional petition Maintainability Lack of jurisdiction---Contention of the petitioner was that the proceedings before Labour Court were without jurisdiction, hence the Constitutional petition was maintainable Validity--­Where the Labour Court lacked jurisdiction, the petitioner could not be compelled to join the proceedings---Constitutional petition was maintainable in circumstances. Sindh Employees Social Security Institution v. Dr. Mumtaz Ali Taj and another PLD 1975 SC 450; Farman Ullah Khan v. Agricultural Development Bank of Pakistan through Manager, Tank Branch, District Tank and 2 others PLD 2000 Pesh. 10 and Ghulam Muhammad and others v. Munir Ahmad Shah and others 1994 CLC 14 ref. (d) Industrial Relations Ordinance (XXIII of 1969)--- --Ss. 34 & 38--Constitution of Pakistan (1973), Art.199--Constitutional petition Adequate alternate remedy--Provision of revision under S.38 of the Industrial Relations…

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