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Appeal No. LHR‑170 of 1986, decided on 4th June, 1986.
‑‑‑Ss. 25, 36 & 38(3)‑‑Constitution of Pakistan (1973), Art.199‑ Jurisdiction of Labour Court‑‑Bank employee removed from service‑‑High Court in Constitutional jurisdiction ruling that such Bank employee ceases to remain a workman and that violation of Wage Commission Award could not be remedied by Labour Court‑‑Labour Court returning grievance petition for want of jurisdiction on basis of ruling of High Court‑‑Order of Labour Court challenged in appeal‑‑Appeal dismissed‑ Held: Labour Courts and Appellate Tribunal are subject to writ jurisdiction of High Court hence its rulings are to be followed even if personal views of Tribunal were different.
1985 P L C 1053 ref.
Asghar Khadim for Appellant.
Nisar Ahmad Saleem for Respondents.
Date of hearing: 1st June, 1986.
This is an appeal challenging the decision, dated 8‑3‑1986 recorded by the learned Presiding Officer, Punjab Labour Court No. 1, Lahore, whereby the grievance petition of the appellant has been directed to be returned to him, for want of jurisdiction.
2. The learned lower Court has not decided the case on merits and following 1985 P L C 1053 has come to the conclusion that the appellant is not a workman, inasmuch as he was not in service on the date on which he brought the grievance petition. The Lahore High Court in the ruling cited above held that bank employees who have been removed from service ceased to remain workmen and that the violation of any provision of the wage commission award cannot be remedied by the Labour Courts, inasmuch as the award of the Wage Commission is not an award as defined in section 2(111) of the Industrial Relations Ordinance, 1969. Since the orders passed by this tribunal and Labour Courts are subject to the writ jurisdiction of Lahore High Court, therefore, the rulings of the said Court are to be followed even if the personal views of this tribunal may be different.
3. As a result, the appeal fails but it is directed that if the Supreme Court, where the question of jurisdiction of the Labour Courts is sub-judice, holds that the Labour Courts have in such cases jurisdiction, the appellant will be entitled to get his grievance petition decided on merits from the learned lower Court.
A.E.
Orders accordingly.
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