| Case ID |
44fcdf3c-5037-4c3e-9324-5e0f5cfa165e |
| Body |
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| Case Number |
Writ Petition No. 1236 of 1989 |
| Decision Date |
Jun 26, 1991 |
| Hearing Date |
Jun 26, 1991 |
| Decision |
The Lahore High Court dismissed the writ petition, affirming the lower court's ruling that the Labour Court had jurisdiction to entertain the grievance petition filed by Respondent No. 2. The court held that the provisions of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 were applicable, and the petitioner institution was not exempted under the proviso to section 1(4)(c) of the Ordinance. The court also noted that the lack of statutory rules by the Federal Government regarding the service matters of the employees meant that the Labour Court's decision to reinstate Respondent No. 2 was valid. Therefore, the High Court declined to interfere with the orders of the lower courts. |
| Summary |
In the case of Writ Petition No. 1236 of 1989, the Lahore High Court addressed the applicability of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 concerning the Employees Old Age Benefits Institution. The petitioner challenged the jurisdiction of the Labour Court, asserting that it was not bound by the Ordinance due to its status as a statutory body. However, the court found that the institution was indeed subject to the provisions of the Ordinance, as no statutory rules had been framed by the Federal Government to exempt it. The ruling emphasized the importance of jurisdictional authority and the necessity for statutory rules to govern employment matters within such institutions. The decision reaffirmed the Labour Court's authority to entertain grievances and the validity of the reinstatement of an employee dismissed under disciplinary actions. This case highlights the interplay between statutory regulations and the rights of employees in corporate bodies established under government statutes. |
| Court |
Lahore High Court
|
| Entities Involved |
EMPLOYEES OLD AGE BENEFITS INSTITUTION,
GOVERNMENT OF PAKISTAN, KARACHI
|
| Judges |
MUNIR A. SHAIKH, J
|
| Lawyers |
Mirza Aziz Akbar Baig for Petitioner.,
Nemo for Respondents Nos. 1 and 3.,
Syed Aqa Asif Jaffery for Respondent No.2.
|
| Petitioners |
EMPLOYEES OLD AGE BENEFITS INSTITUTION; GOVERNMENT OF PAKISTAN, KARACHI
|
| Respondents |
EMPLOYEES OLD AGE BENEFITS INSTITUTION; GOVERNMENT OF PAKISTAN, KARACHI
|
| Citations |
1992 SLD 942,
1992 PLC 742
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968,
Employees Old Age Benefits Act, 1976,
Constitution of Pakistan, 1973
|
| Sections |
1(4)(c),
44,
199
|