| Citation(s) |
|---|
| 2009 SLG 3072 2009 SLD 3072 2009 PLC 13 |
Lahore High Court
Labour Appeals Nos.114/L and 115 to 141 of 2008, heard on 8th August, 2008. Date of hearing: 8th August, 2008.
HAFIZ TARIQ NASIM, J
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Labour Appeals Nos.114/L and 115 to 141 of 2008, heard on 8th August, 2008. Date of hearing: 8th August, 2008.
HAFIZ TARIQ NASIM, J
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MUHAMMAD MANWAR MUMTAZ
VS
PAK ARAB REFINERY LIMITED (PARCO) through Managing Director and 6 others
Law: Industrial Relations Ordinance, 2002
Section: 46,47(3)
Industrial Relations Ordinance (XCI of 2002)--- ----Ss. 46 47(3)---Grievance petition---Appeal to High Court---Appellants claimed that they were performing their duties as Fire-Fighters, but without taking into consideration their uninterrupted length of service spreading over years and years they were not regularized---Employees, after serving the grievance notices, filed grievance petition under S.46 of Industrial Relations Ordinance, 2002---Appellant had submitted that they were issued duty roster and duty Schedule by employer and after serving more than 15 years they had attained the status of permanent workmen, but due to the inaction of employer they were suffering monetary losses and insecurity in service---Employer had contended that employees were not their employees, however they were performing their duties with it being employees of other departments; and that respondents four either departments had no concern at all with the employees---In view of said dispute between the employees and employer, controversy could not be resolved until and unless the evidence of both the parties was recorded by the Labour Court---Impugned decision being contrary to law, was set aside by High Court and case was remanded to the Labour Court for decision on merits. PLD 1996 SC 610; 1999 SCMR 2557; Mobeen Ahmad Siddiqui v. Chairman, Sindh Labour Appellate Tribunal and another 1991 PLC 780; Haji Malik Aman and 5 others v. Federation of Pakistan through Secretary, Ministry of Law, Justice and Parliamentary Affair, Islamabad and 5 others 1993 PLC 961; Collector of Central Excise and Sales Tax v. Rupali Polyester Limited and others 2.002 SCMR 738 and 1999 SCMR 373 ref. JUDGMENT HAFIZ TARIQ NASIM, J.---This judgment shall also decide Labour Appeals Nos.115 to 141 of 2008 along with this appeal, as common questions of facts and law are involved. 2. Brief facts leading to these appeals are that the appellants are performing their duties as Fire Fighters with PARCO Limited, District Muzaffargarh but without taking into consideration their uninterrupted length of service spreading over years and years they were not regularized, hence after serving the…
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