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Appeal No.MN‑171 of 1985, decided on 22nd December, 1985.

‑‑‑Ss. 25 & 36‑‑Practice and procedure‑‑Review‑‑Presiding Officer, Labour Court cannot review order of predecessor.

Ch. Nazir Hussain for Appellant.

Faiz‑ur‑Rehman for Respondents.

Date of hearing: 16th December, 1985.

The decision, dated 16‑3‑1985 passed by the learned Presiding Officer, Punjab Labour Court No.9, Multan has been challenged, whereby the grievance petition of the appellant was returned to him on the ground that the appellant being a civil servant, the Labour Court had no jurisdiction.

2. The appellant was dismissed from service on the allegation of committing some misconduct. He, therefore, brought grievance petition under section 25‑A of the Industrial Relations Ordinance, 1969 for his re‑instatement. A miscellaneous application was made by the respondent to the effect that the appellant being a civil servant; the Labour Court had no jurisdiction. The objection was accepted and by the impugned order the grievance petition was returned to the appellant for presenta tion to the competent Court. The learned predecessor had already decided this point in favour of the appellant, vide his order, dated 3‑2‑1981 and the Labour Courts having no power of review, the learned Presiding Officer could not review the order of his predecessor. Most probably the order, dated 3‑2‑1981 may not have been brought to the notice of the learned Presiding Officer. It was held by the learned previous Presiding Officer that the appellant was no longer a civil servant. It may be right or wrong but it would not be reviewed. Learned counsel for the respondent has not been able to say anything in support of the impugned order.

3. As a result, the appeal is accepted and setting aside the impugned decision, the case is remanded for decision on merits.

A. E.

Appeal accepted

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