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JAVED AKHTAR versus ALLIED BANK OF PAKISTAN, LAHORE


The Constitution of Pakistan 1973 Article 199 Industrial Relations Ordinance (XXIII of 1969), Sections 25A, 36 and 38 of the Labor Courts and the Appellate Tribunal, subject to the High Court's jurisdiction, shall be followed by Labor. Courts and appellate tribunals
1986 P L C 1139

[Labour Appellate Tribunal Punjab]

Present: Muhammad Abdul Ghafoor Khan Lodhi,

Appellate Tribunal

JAVED AKHTAR

versus

ALLIED BANK OF PAKISTAN, LAHORE

Appeal No. LHR‑171 of 1986, decided on 4th June, 1986.

Constitution of Pakistan (1973)‑‑

‑‑Art. 199‑‑Industrial Relations Ordinance (XXIII of 1969), Ss. 25‑A, 36 & 38‑‑Jurisdiction‑‑Labour Courts and Appellate Tribunal, held, would be subject to writ jurisdiction of High Court‑‑Dictums of High Court are to be followed by Labour Courts and Appellate Tribunal.

M.A. Khadim for Appellant.

Saeed‑ur‑Rehman Farrukh for Respondent.

Date of hearing: 1st June, 1986.

JUDGMENT

In the appeal titled above the decision, dated 15‑3‑1986 recorded by the learned Presiding Officer, Punjab Labour Court No. 1, Lahore has been challenged, whereby the grievance petition has been directed to be returned to the appellant for want of jurisdiction.

2. The learned lower Court has followed 1985 P L C 1053 for holding that the Labour Courts have no jurisdiction. As the orders passed by the Labour Courts and this tribunal are subject to writ jurisdiction of Lahore High Court, its dictums are to be followed. So, the learned lower Court rightly relied upon the ruling cited above. However, since the matter is pending before the Supreme Court and this is not known what will be the ultimate result, the ruling cited above is to be followed conditionally.

3. As a result, the appeal is dismissed with this direction that if the Supreme Court finds that the Labour Courts have jurisdiction, the appellant will be entitled to get his grievance petition decided by the learned lower Court, on merits.

A. E.

Appeal dismissed.

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