| Case ID |
736449fe-cf09-4411-8c2c-c54a3e992d83 |
| Body |
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| Case Number |
Writ Petition No. 908 of 1974 |
| Decision Date |
May 18, 1976 |
| Hearing Date |
|
| Decision |
The Lahore High Court held that the jurisdiction of the Labour Courts was ousted in matters concerning employees of essential services under the Pakistan Essential Services (Maintenance) Act, 1952. The court emphasized that the petitioners, who were employees of the Pakistan Broadcasting Corporation, could not seek redress through the Labour Courts for their termination and should approach the Chairman of the Industrial Relations Commission instead. This decision was based on precedents and the interpretation of relevant laws, establishing that the authority specified under the Essential Services Act had exclusive jurisdiction over such matters, which included the power to adjudicate individual cases of termination and reinstatement. |
| Summary |
This case revolves around the termination of employees from the Pakistan Broadcasting Corporation and the jurisdiction of Labour Courts in such matters. The Lahore High Court ruled that the Labour Courts do not have jurisdiction to entertain petitions regarding employees classified under essential services, as per the Pakistan Essential Services (Maintenance) Act, 1952. The court's decision highlighted the importance of a specified authority that governs the conditions of service for essential service employees. The ruling underscored the need for clarity in jurisdiction to avoid conflicts between different authorities. The decision provides crucial insights into the relationship between employment laws and the scope of authority in the context of essential services. Keywords such as 'Industrial Relations Ordinance', 'Essential Services Act', 'Labour Court jurisdiction', and 'Termination of service' are critical for understanding the implications of this case. |
| Court |
Lahore High Court
|
| Entities Involved |
Pakistan Broadcasting Corporation,
Pakistan Essential Services (Maintenance) Authority
|
| Judges |
Nasim Hasan Shah, J
|
| Lawyers |
Ch. Sadiq Muhammad Waraich for Petitioner,
Ch. Muhammad Farooq for Respondent
|
| Petitioners |
RADIO PAKISTAN WORKERS UNION
|
| Respondents |
PAKISTAN BROADCASTING CORPORATION
|
| Citations |
1976 SLD 80 = 1976 PLC 857
|
| Other Citations |
General Manager, Heavy Mechanical Complex v. Bashir Ahmad Malik,
WAPDA v. Punjab Labour Court No. 3,
Said Omar v. Federation of Pakistan PLD 1956 Lab. 382,
Suraj Narain Anand v. N. W. F. P. AIR 1949 PC 112
|
| Laws Involved |
Industrial Relations Ordinance, 1969,
Pakistan Essential Services (Maintenance) Act, 1952,
Pakistan Essential Services (Maintenance) Rules, 1962
|
| Sections |
25-A,
3,
6,
3(1)
|