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Constitutional Petition No. 244 of 1987, decided on 17th March, 1987.

‑‑‑Art. 199‑‑Industrial Relations Ordinance (XXIII of 1969), S.25‑A‑ Preliminary objection raised by respondent before Labour Court that petitioner was not a workman and that Labour Court had no jurisdiction in matter‑‑Such objection raised in application which was dismissed by Labour Court on ground that such objection had no legal basis and that objection could be decided at time of final decision‑‑On revision such finding was upheld by Labour Appellate Tribunal‑ Constitutional petition against findings of Labour Court and Labour Appellate Tribunal‑‑Finding of Labour Appellate Tribunal that petitioner's counsel could argue such matter at time of final disposal of matter before Labour Court, held, having made the position quite clear and even if there was any observation on merit made by Labour Court in respect of objection made by petitioner, effect of same had been washed away by observation of Labour Appellate Tribunal‑‑Matter being completely open before Labour Court wherein petitioner could urge all legal and factual points, constitutional petition would not be sustainable because no order prejudicial to petitioner had so far been passed.

Muhammad Ashraf Khan for Petitioner.

‑‑The petitioner had raised the preliminary point before the Labour Court that it had no jurisdiction to hear the application made by respondent No.3 under section 25‑A of Industrial Relations Ordinance, 1969 as the respondent No.3 was not a workman. The Labour Court dismissed the said application by its order dated 31‑1‑1987 with the observation that the objection had no legal merit. However, the Presiding Officer also observed that the objection can still be decided at the time of final decision. Since there was an observation on merit, therefore the petitioner moved the Labour Appellate Tribunal but the Appellate Tribunal also dismissed the Revision of the petitioner by order dated 4‑3‑1987 with the observation that the counsel of the petitioner may argue the very matter at the time of final disposal of the matter before the learned Labour Court.

The petitioner not being satisfied with that observation of the Appellate Tribunal came before this Court.

Mr. Muhammad Ashraf Khan had submitted that a dismissed workman cannot file an application under section 25‑A of I.R.O. 1969 we do not see any point in filing this petition at this stage as according to us the learned Appellate Tribunal has made the position quite clear and even if there was any observation on merit made by the Labour Court in respect of the objection made by the petitioner the effect of the same has been washed away by the observation made by the Sind Labour Appellate Tribunal in its order dated 31‑1‑1987. The matter is now completely open before the Labour Court and the petitioner can urge all the legal and factual points before the said Labour Court without any reservation or difficulty. This being the position, the petition is not sustainable at this stage because, no order prejudicial to the petitioner has so far been passed.

Consequently this petition is dismissed in limine. Miscellaneous Applications are also dismissed.

A. A. / A‑117 / K

Petition dismissed

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