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Writ Petitions Nos. 255 and 3443 of 1981, decided on 13th May, 1985.
Provisional Constitution Order (1 of 1981)-
-- Art. 9-Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38(3)-Writ jurisdiction-Invoking of in labour cases-Employees of Transport Corporation denied promotion on grounds of not fulfilling requirements of rules and not having passed Inter mediate Examination - Labour Court accepting grievance peti tions of employees against non-promotion and order of Labour Court confirmed in appeal by Labour Appellate Tribunal-Order of Labour Appellate Tribunal challenged by way of writ petition --Parties before High Court agreeing that case be remanded for fresh decision after giving reasons for judgment - Writ Petitions in circumstances, accepted remanding case to Labour Appellate Tribunal for fresh decision in accordance with law.
A. Q. M. Shafiqul Islam for Petitioner.
Khalid Ahmad for Respondents.
Date of hearing : 13th May, 1985.
-This judgment will dispose of the following writ petitions as common questions of law and facts are involved :-
(1) W. P. No. 255/81.
(2) W. P. No. 3443/81.
2. The employees in the two writ petitions were denied promotion by the Punjab Urban Transport Corporation on the ground that they did not fulfil the requirements of 1976 Rules nor having passed the Intermediate Examination. The Labour Court accepted the grievance petitions. The orders were confirmed in appeal by the Punjab Labour Appellate Tribunal. This has brought the Punjab Urban Transport Corporation to the High Court invoking its constitutional jurisdiction.
2. The order passed by the Punjab Labour Appellate Tribunal has been read in Court and the learned counsel for both the sides agree that the case be remanded for fresh decision after giving reasons for its judgment. The writ petitions are, therefore, allowed. The matter is remanded to the Punjab Labour Appellate Tribunal for fresh decision in accordance with law. There shall be no order as to costs.
A. E.
Petitions allowed.
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