Find a Lawyer

Appeal No. 208 of 1973, decided on 28th September 1973.

---- S. 25-A-Jurisdiction - Application for grant of payment for work done by worker during holidays-Labour Court, held, proper forum to decide question.

1972 P L C 60 ref.

Mirza Nazir Ahmed Naz for Appellant.

Abdul Mannan. Asstt. Traffic Manager for Respondent.

This is an appeal under section 36-D of Industrial Relations Ordinance, 1969, filed by the appellant, by which his application was rejected by the Junior Labour Court on the ground that Junior Labour Court has no jurisdic tion to adjudicate such matters.

Brief facts of the case are that the appellant vide his application under section 25-A of Industrial Relations 'Ordinance 1969, applied for payment of the work done by him on Jumatulwida, Eid-ul-Fitr, Eid-ul-Azha, Yom-e- Ashoora and Independence Day etc. The whole claim amounts to an addi tional pay of 12 days and 7 holidays.

Learned Judge of Junior Labour Court consigned the case file to record with a telegraphic order that Court has no jurisdiction.

Learned representative of appellant has referred to me a ruling 1972 P L C 60 in which it has been held that in such cases Labour Courts are the proper forum. In this case appellant wants to get his grievances redressed under section 25-A of the Industrial Relations Ordinance 1969 through the Junior Labour Court regarding his rights of payment granted to him under West Pakistan Industrial Commercial Employment (Standing Orders) Ordi nance, 19"68 and as such Junior Labour Court has got the original jurisdiction to entertain such individual grievances and give relief to the petitioner.

For the foregoing reasons case is remanded to Junior Labour Court No. 2. Junior Labour Court should summon the parties. Take evidence, if any and pass proper orders on the basis of that evidence. Order of the Junior Labour Court is set aside and appeal is accepted.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.