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versus


Under the Industrial Relations Ordinance 1969 Sections 37, 38 (3A) and 51 Section 51, the order of dismissal of the Labor Court up to the date of service before the order of removal of the Labor Court Appeal Order is, in the circumstances, maintained.

1985 P L C 697

[Labour Appellate Tribunal Punjab]

Present : Muhammad Abdul Ghafoor Khan Lodhi, Appellate Tribunal

Syed ABID HUSSAIN SHAH

Versus

EXECUTIVE ENGINEER, PUNJAB HIGHWAY DIVISION, SIALKOI

Appeal No‑G‑A‑171 of 1984, decided on 28th May, 1984,

Industrial Relations Ordinance (XXIII of 1969)‑

‑‑Ss. 37, 38 (3‑a) & 51‑Appeal‑Order of Labour Court under S. 51 ‑Not appealable‑ Tribunal treating appeal as revision -Appellant removed from service‑Filing no grievance petition under S. 25‑A and applying for arrears of wages under S. 51‑Order of Labour Court granting arrears upto last date of service prior to removal order, in circumstances, upheld.

Appellant in person.

Date of hearing : 23rd May, 1984.

JUDGMENT

The order dated 11th March, 1984 passed by the learned Presiding Officer, Punjab Labour Court No. 7, Gujranwala under section 51 of the Industrial Relations Ordinance, 1969 has been challenged in this appeal.

2. The impugned order is not appealable, Appeals lie from awards and decisions passed under section 25‑A, section 34 or sentence passed under clause (e) of subsection (5) of section 35 of the Industrial Relations Ordinance, 1969. It is not provided in section 38 (3) that any appeal lies from an order passed under section 51. The appeal can be treated as revision but the appellant has no case. His prayer m the appeal is that setting aside the impugned order, he be directed to be reinstated in service and awarded back benefits from 2nd May, 1982 till he is put back on duty. He did not bring any application under section 25‑A for reinstatement but applied for arrears under section 51. On account of absence he was removed from service vide order, dated 2nd May, 1982. So the learned lower Court has directed the respondent to deposit arrears upto 1st May, 1982. Since on 2nd May, 1982 he was removed from service and he did not challenge the said order, he is not entitled to wages from 2nd May, 1982 onward.

3. As a result, the appeal is dismissed in limine.

A.E

Appeal dismissed.

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