Case Details

Citation(s)
2009 SLG 3074 2009 SLD 3074 2009 PLC 21
Lahore High Court
Labour Appeals Nos.150 to 166 of 2008, decided on 31st October, 2008. Date of hearing: 14th October, 2008.
MAZHAR HUSSAIN MINHAS, J

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GENERAL MANAGER (A&P) UTILITY STORE CORPORATION, ISLAMABAD and another

VS

MUHAMMAD IQBAL and another

Law: Industrial Relations Ordinance, 2002

Section: 46,47

Law: Industrial and Commercial Employment (Standing Orders) Ordinance, 1968

Section: 13

Industrial Relations Ordinance (KCI of 2002)---   ---Ss. 46 48---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.13---Retrenchment---Appeal---Employees were retrenched in view of financial crisis being faced by the Corporation---Service benefits, admissible under the rules, were paid to the employees---Employees, however, filed appeals under S.4 read with S.2-A of the Service Tribunals Act, 1973 before Federal Service Tribunal challenging their retrenchment---Pending appeals, Supreme Court, in case (PLD 2006 SC 602) declared S.2-A of Service Tribunals Act, 1973 to be illegal; in pursuance of said , employees filed grievance petitions under S.46 of Industrial Relations Ordinance, 2002 before the Labour Court and same were allowed vide impugned and employees were reinstated with all back-benefits---Registrar, Service Tribunal intimated employees that their appeals had abated in view of the of Supreme Court---Order of abatement of employees appeals passed by Registrar Service Tribunal, had no legal sanctity---Impugned passed by Labour Court, was also not maintainable, which was set aside---Order passed by the Registrar was also declared null and void---Appeals of employees would be deemed to be pending before Service Tribunal and issue of their abatement would be decided by the Service Tribunal after hearing the parties, in the light of principles laid down in the s of the apex Court---Office would remit the record to Service Tribunal.    Muhammad Mubeen-ul-Islam v. Federation of Pakistan PLD 2006 SC 602 and Raja Riaz v. Chairman, Pakistan Space and Upper Atmosphere Research Commission, Karachi 2008 SCMR 402 ref. JUDGMENT MAZHAR HUSSAIN MINHAS, J.---This judgment shall dispose of Labour Appeals Nos.150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165 and 166 of 2008. 2. The appellants have filed these appeals against the consolidated judgment, dated 19-4-2008 passed by learned Presiding Officer, Punjab Labour Court No.9, Multan, whereby the private respondents have been reinstated in service with back-benefits. Since common questions of facts and law are involved in all the appeals,…
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