| Case ID |
05141d57-ebe0-4a86-8ad4-adbf347d53c4 |
| Body |
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| Case Number |
RI-23 of 1987 |
| Decision Date |
Mar 18, 1987 |
| Hearing Date |
Mar 16, 1987 |
| Decision |
The appeal was accepted, and the decision of the Labour Court was set aside due to lack of jurisdiction. The Labour Court had incorrectly treated the grievance petition under section 25-A of the Industrial Relations Ordinance, 1969, when it should have been considered under section 23 of the Employees Old Age Benefits Act, 1976. The court found that the Labour Courts can only adjudicate disputes between employers and employees, and since the present dispute did not involve an employer-employee relationship, the Labour Court lacked jurisdiction. The court also ruled that the grievance notice was not necessary as the petition was not brought under section 25-A. Furthermore, it was clarified that a petition under section 23 could be filed without exhausting the remedy of appeal. |
| Summary |
This case involves a dispute regarding the invalidity pension under the Employees Old Age Benefits Act, 1976. The Labour Appellate Tribunal addressed the jurisdictional issues pertaining to the Labour Court's handling of the grievance petition. The Tribunal clarified that the Labour Court's jurisdiction is confined to disputes between employers and employees and that the grievance petition, being under section 23 of the Employees Old Age Benefits Act, was not within the Labour Court's purview as it was improperly treated under section 25-A of the Industrial Relations Ordinance, 1969. This case emphasizes the importance of understanding the correct legal framework and jurisdiction applicable to grievance petitions in labor law. Keywords: Labour Court, Invalidity Pension, Employees Old Age Benefits Act, Jurisdictional Issues, Grievance Petitions. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi
|
| Lawyers |
Jehangir Khan,
Ch. Ghulam Qadir Cheema
|
| Petitioners |
Ejaz Ahmad
|
| Respondents |
Employees Oldage Benefits Institution, Rawalpindi
|
| Citations |
1988 SLD 962,
1988 PLC 261
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance, 1969,
Employees Old Age Benefits Act, 1976
|
| Sections |
25-A,
38(3),
23
|