| Case ID |
5cb4a2fa-4674-4f22-b39e-b9471e27bedc |
| Body |
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| Case Number |
Writ Petition No. 1734 of 1986 |
| Decision Date |
Jun 06, 1995 |
| Hearing Date |
Jun 06, 1995 |
| Decision |
The Lahore High Court dismissed the writ petition filed by the Cooperative Model Town Society challenging the jurisdiction of the Labour Court regarding the retirement of an employee. The court concluded that the service matters of employees are not covered under the business of the society as per section 54 of the Cooperative Societies Act, 1925. It ruled that the jurisdiction of the Labour Court was not barred under section 70-A of the same Act, allowing the employee's reinstatement due to the mala fide nature of the retirement action taken against him. The court emphasized the necessity of proper procedure and the right to a fair hearing in such matters. |
| Summary |
This case involves the Cooperative Model Town Society's challenge against the jurisdiction of the Labour Court regarding the retirement of an employee. The court's decision clarified the applicability of the Cooperative Societies Act and the Industrial Relations Ordinance, emphasizing that service matters of employees do not fall under the business of the society as defined in the law. The ruling highlighted the importance of fair procedures and the rights of employees, reinforcing that actions taken without proper procedures can be deemed mala fide and unjust. The case is significant for understanding the interplay between cooperative society regulations and employee rights under labor laws. Keywords: Cooperative Societies Act, Labour Court jurisdiction, employee rights, mala fide actions, Industrial Relations Ordinance, retirement procedures. |
| Court |
Lahore High Court
|
| Entities Involved |
PUNJAB LABOUR APPELLATE TRIBUNAL,
THE COOPERATIVE MODEL TOWN SOCIETY (1962) LIMITED
|
| Judges |
IHSANULHAQ CHAUDHRY, J
|
| Lawyers |
Not available
|
| Petitioners |
THE COOPERATIVE MODEL TOWN SOCIETY (1962) LIMITED, MODEL TOWN, SORE through Secretary and another
|
| Respondents |
PUNJAB LABOUR APPELLATE TRIBUNAL and another
|
| Citations |
1996 SLD 304,
1996 PLC 113
|
| Other Citations |
Ch. Nazir Ahmad v. Agha Ahmad Raza Khan and 2 others 1971 SCMR 305,
Muhammad Iqbal and J.J. Miranda v. Fishermen Cooperative Society, Karachi etc. PLD 1978 Kar. 990,
Pakistan National Centre v. Presiding Officer, Punjab Labour Court No. 2 Lahore and others PLD 1976 Lah. 1085,
Muhammad Dawood v. Mayor, Karachi Metropolitan Corporation 1981 PLC 879,
Dr. Muhammad Nasim Javed v. Lahore Cantonment Housing Society Ltd. PLD 1983 Lah. 552,
Afzal Hussain Syed v. Government of Punjab and another PLD 1980 Lah. 697,
Ch. Mian Khan v. Director-General, Telegraph and Telephones Islamabad 1986 SCMR 1107,
Muhammad Ikramullah v. Secretary, Establishment Division, Government of Pakistan 1984 PLC (C.S.) 360,
Project Director, Cooperative Karkhana Alat-e-Zari, Bahawalpur v. Presiding Officer, Punjab Labour Court No. 4, Multan PLD 1979 BJ 1,
Don Basco High School v. Assistant Director, E.O.B.I. PLD 1989 SC 128,
Pakistan v. Public-at-Large PLD 1987 SC 304
|
| Laws Involved |
Cooperative Societies Act (V1I of 1925),
Industrial Relations Ordinance (XXIII of 1969),
Constitution of Pakistan (1973)
|
| Sections |
54,
70-A,
2(ix),
2(xiv),
2(xxviii),
199
|