| Case ID |
258500a8-b706-42a9-9be1-a75a35f4a8cb |
| Body |
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| Case Number |
Civil Appeal No. FD-631 of 1989 (Pb.) |
| Decision Date |
Oct 24, 1989 |
| Hearing Date |
Oct 22, 1989 |
| Decision |
The appeal was accepted, overturning the decision of the learned lower Court which had found that the Labour Court had no jurisdiction. The case was remanded for a decision on the remaining points in controversy. The ruling established that where a special law had been promulgated, such as the Industrial Relations Ordinance, the general jurisdiction of Civil Courts is barred. Civil servants who fall under the definition of a workman and are employed in an industry or commercial establishment should seek remedy through Labour Courts if they cannot approach a Services Tribunal. |
| Summary |
In the case of Raja Muhammad Fazil vs Superintending Engineer, the Labour Appellate Tribunal of Punjab addressed significant issues surrounding jurisdiction and the applicability of various laws, including the Civil Procedure Code, the Service Tribunals Act, and the Industrial Relations Ordinance. The case involved an appeal against a decision by the Punjab Labour Court which had ruled it lacked jurisdiction to hear the grievance of a Line Superintendent punished for irregularities in electricity connections. The Tribunal clarified that the general jurisdiction of Civil Courts is barred by the Industrial Relations Ordinance when a special law is in place, affirming the Labour Court's jurisdiction in this scenario. The ruling emphasized the importance of the Industrial Relations Ordinance in providing a framework for resolving employment-related disputes, particularly for civil servants, thereby reinforcing the authority of Labour Courts in such matters. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi,
Raja Muhammad Fazil
|
| Lawyers |
Mian Mahmood Hussain,
Muhammad Iqbal Khokhar
|
| Petitioners |
Raja Muhammad Fazil
|
| Respondents |
another,
Superintending Engineer, 1st Operation Circle (E), WAPDA, Faisalabad
|
| Citations |
1991 SLD 1818,
1991 PLC 66
|
| Other Citations |
1986 SCMR 18
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Service Tribunals Act (LXX of 1973),
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
9,
3,
4,
35
|