Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Appeal No. 846 of 1973, decided on 19th October 1973.
---- Ss. 25-A & 36-D-Termination of service-Workman entitled to seek remedy before Junior Labour Court and Junior Labour Court specifically conferred with jurisdiction-Pendency of departmental appeal, held, no bar to maintainability of application under S. 25-A- Order of Junior Labour Court in refusing to entertain application due to pending departmental appeal set aside and case remanded.
Nisar Ahmed appellant has preferred this appeal against the order dated 28-6-1973 passed by the Junior Labour Court, Multan, whereby his application for reinstatement and consequential benefit- was filed.
Arguments heard. The Junior Labour Court filed the petition and declined to proceed ahead with it on the ground that the Departmental appeal of the appellant was pending. The pendency of the appeal before the Managing Director was not at all the ground for throwing away the petition for re-instatement. Section 25-A of the I.R.O. specifically gives right to a workman to make an application to the Junior Labour Court against his termination within a period of 2 months from the date of termination of hi A employment and also specifically confers jurisdiction on the Junior Labour Court to entertain and decide such application. The order of the Junior Labour Court is unsustainable.
For the foregoing reason T accept this appeal, set aside the order o the Junior Labour Court and remand the case to the said Court with the direction that it may proceed ahead with it in accordance with law.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer