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MUHAMMAD SHARIF versus PUNJAB ROAD TRANSPORT CORPORATION, LAHORE


West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968 Section 2 (c) read with the Industrial Relations Ordinance (XXIII of 1969), dealing with the removal of Article 35 jurisdiction of the RTC Labor Court Conductor. Was demanded under which an invalid order was passed. The LR, District Manager, LP, had no jurisdiction in the court, which held, - West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 PRTC, LR Labor K2 (C) is not a required party and employer. LIB's court had jurisdiction,

1976 P L C 469

[Labour Court Punjab (Northern Zone)]

Present: Muhammad Amir Akbar Khan, Chairman

MUHAMMAD SHARIF

Versus

PUNJAB ROAD TRANSPORT CORPORATION, LAHORE

Petition No. 109 of 1971, decided on 28th July 1971.

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordi nance (VI of 1968)-

- -- S. 2(c) read with Industrial Relations Ordinance (XXIII of 1969), S. 35-Territorial jurisdiction of Labour Court-Conductor of R. T. C. seeking redress against dismissal-Contention that impugned order having been passed by District Manager, LP, Court at LR had no jurisdiction - District Manager, held,' not a neces sary party and employer in terms of S 2(c) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 being P. R. T. C., LR - Labour Court at LIB had, jurisdiction,

ORDER

This is an application under Standing Order No. 18 of the West Pakistan Industrial & Commercial Employment (Standing Orders) Ordinance of 1968 for re-instatement.

The petitioner was employed as a Conductor in G.T.S.; Lyallpur from where he was dismissed from service. The petitioner has fled this complaint under Standing Order No. 18 against Punjab Road Transport Corporation, Lahore. An objection has been taken on behalf of the respondent about the jurisdiction of this Court on ire ground that the District Manager, Lyallpur, is the employer and not the P.R.T.C. This Court has no jurisdiction over Lyallpur and, as such has no jurisdiction to entertain this petition. A similar objection was taken by the P.R.T.C. in Petition No. 65/1971 under Standing Orders No. 18 in Be: Noor Muhammad v. P. R. T. C., Lahore. In our order dated 19-7-1971 in that petition, we held that the District Manager is not a necessary party as the P. R. T. C. is an employer within the meaning of the Standing Orders Ordinance and the petition against P.R.T.C. Lahore is maintainable in this Court without impleading the District Manage- as a party. For the reasons stated in the above order. We also find in this case that this Court has jurisdiction to entertain the present petition. The objection is therefore, overruled.

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