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Appeal No. LHR‑411 of 1986, decided on 15th July, 1986.
‑‑‑Art. 199‑‑Industrial Relations Ordinance (XXIII of 1969), Ss.25‑A a 37‑‑Writ Jurisdiction of High Court‑‑Decisions of Labour Courts and Labour Appellate Tribunal would be subject to Writ Jurisdiction of High Court‑‑Dictums of High Court to be followed by Labour Courts and Appellate Tribunal‑‑High Court holding that Labour Court lacked jurisdiction in respect of Bank employees‑‑Labour Court on basis of dictum of High Court returning petition of Bank employee for presentation before proper forum‑‑Ruling of High Court relied upon since challenged before Supreme Court‑‑Labour Court, held, rightly relied upon ruling of High Court but should have passed a qualified order that appellant would be entitled to get his grievance petition decided on merits from Labour Court if Supreme Court, held, that Labour Courts have jurisdiction.
1985 P L C 1083 ref.
M. Bashir Chaudhry for Appellant.
Mian Irshad Ali for Respondent.
Date of hearing: 12th July, 1986.
This is an appeal against the decision, dated 25‑4‑1986 recorded by the learned Presiding Officer, Punjab Labour Court No. 1, Lahore, whereby the grievance petition of the appellant for his reinstatement in service was returned for presentation to the proper forum holding that the Labour Courts, vide 1985 P L C 1083 lacked jurisdiction.
2. Since all decisions of the Labour Courts and this Tribunal gee subject to writ jurisdiction of Lahore High Court, therefore, the dictums laid down by the said Court are to be followed. The learned lower Court thus rightly relied upon the ruling referred to above. However, since the said ruling stands challenged before the Supreme Court, the learned Court below should have passed a qualified order on the condition that if the Supreme Court holds that the Labour Courts have jurisdiction, the appellant would be entitled to get his case decided on merits from the learned lower Court.
3. As a result, the appeal is disposed of with the direction that if the Supreme Court holds that the Labour Courts have jurisdiction in such matters, the appellant will be entitled to get his grievance petition decided from the learned lower Court on merits.
A. E.
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