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. RI‑357 of 1984, decided on 7th November, 1984.
‑‑‑S.37‑‑Punjab Labour Appellate Tribunal‑‑Has no jurisdiction to hear appeal arising from order passed by Labour Court at Islamabad‑ Grievance petition originally filed before Labour Court, Rawalpindi‑ Transferred to Labour Court, Islamabad on its establishment‑‑Contention that case was wrongly transferred‑‑Held: (i) since separate Court established in Islamabad Labour Court, Rawalpindi, ceased to have jurisdiction hence no other alternative but to send case to Court at Islamabad in absence of any provision that pending cases would be heard and disposed of by Labour Court, Rawalpindi, (ii) even if case was wrongly transferred‑‑Decision of Labour Court, Islamabad could not be challenged before Punjab Labour Appellate Tribunal.
Ch. Sadiq Muhammad Warraich for Appellant.
Muhammad Nasir Chaudhry for Respondent.
Date of hearing: 30th October, 1984.
The decision dated 25‑4‑1984 recorded by the learned Presiding Officer, Labour Court, Islamabad has been challenged in this appeal.
2. Since Islamabad is a Federal area and is not situated in the Punjab Province, this Tribunal has no jurisdiction to hear appeals arising from the decisions recorded by the Labour Court, Islamabad. The argument of the learned counsel for the appellant that the case was wrongly transferred from Punjab Labour Court No.6, Rawalpindi to Labour Court, Islamabad is without any force. This is immaterial if the case had initially been instituted in Labour Court, Rawalpindi. Since separate Court was established in Islamabad, the Labour Court. Rawalpindi ceased to have jurisdiction and there was no other alternatives but to send the case to the learned Labour Court, Islamabad. If there had been a provision that pending cases would be heard and disposed A of by the Labour Court, Rawalpindi, of course the order of transfer would have been wrong. Even if for the sake of argument it be said that the case was wrongly transferred to the Labour Court, Islamabad, the decision could not be challenged before this Tribunal.
3. As a result, the memo. of appeal is returned for presentation to the competent authority.
A. E.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer