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UTILITY STORES CORPORATION OF PAKISTAN LTD. versus MUHAMMAD ASHRAF


J37 Jurisdiction Appeal Jurisdiction Against Labor Courts decision Extension of Punjab Appellate Tribunal to Labor Courts located in Punjab Province Labor Court Islamabad's decision has no appeal before the Punjab Appellate Tribunal, hence the absence of jurisdiction. The reason is back

1985 P L C 521

[Labour Appellate Tribunal Punjab]

Present: Muhammad Abdul Ghafoor Khan Lodhi, Appellate Tribunal

UTILITY STORES CORPORATION OF PAKISTAN Ltd.

and another

Versus

MUHAMMAD ASHRAF

Appeal No.ID‑170 of 1984, decided on 28th November, 1984.

Industrial Relations Ordinance (XXIII of

1969)‑‑--

‑‑S.37‑‑Jurisdiction‑‑Appeal against decision of Labour Courts‑ Jurisdiction of Punjab Appellate Tribunal extends to Labour Courts situated in Punjab Province‑‑Decision of Labour Court Islamabad‑‑No appeal-able before Punjab Appellate Tribunal hence returned for lack of jurisdiction.

Ehsan Ali Sheikh for Appellants.

M. K. Khan for Respondent.

Date of hearing: 26th November, 1984.

JUDGMENT

The decision, dated 13‑3‑1984 recorded by the learned Officer District Judge‑cum‑Presiding Officer, Labour Court, Islamabad has been challenged in this appeal, whereby the petition of the appellant for setting aside ex parte decision was dismissed.

2. This tribunal lacks jurisdiction to decide this appeal. The appellant establishment is situated in Islamabad, which is not situated in the Province of the Punjab, whereas this tribunal has jurisdiction to hear appeals and revisions arising out of the decisions passed by the labour Courts situated in the Punjab Province. In a different case President's Order XII was cited but that does not empower this tribunal. The President has by the said order authorised the Punjab Government to pass orders in respect of the Federal area as was being passed by the Government of West Pakistan. The Punjab Government has been authorised but not this tribunal by the said Order. The appeal, therefore, is returned for lack of jurisdiction.

A. E.

Appeal returned.

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