| Case ID |
738be73f-462d-484c-b235-e79f9b63d3af |
| Body |
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| Case Number |
Writ Petition No. 2316 of 1978 |
| Decision Date |
Jan 31, 1981 |
| Hearing Date |
Dec 15, 1980 |
| Decision |
The Lahore High Court ruled on the jurisdiction of the Punjab Labour Appellate Tribunal regarding the revision of decisions made by the Labour Court under the Payment of Wages Act. It was determined that the Labour Appellate Tribunal does not have the authority to revise decisions made by the Labour Court when acting as an appellate authority under the Payment of Wages Act, as those proceedings are not considered 'under' the Industrial Relations Ordinance. The court directed the Punjab Labour Appellate Tribunal to refrain from exercising its revisional powers in these cases. |
| Summary |
This case addresses the jurisdiction of the Punjab Labour Appellate Tribunal in relation to the decisions made by the Labour Court under the Payment of Wages Act, 1936. The Lahore High Court's decision clarifies that the Labour Appellate Tribunal cannot revise decisions made by the Labour Court under the Payment of Wages Act, as these decisions do not fall under the jurisdiction of the Industrial Relations Ordinance, 1969. The court emphasized the importance of legal procedures and the specific jurisdictions of various tribunals. This ruling has significant implications for labor law and the rights of employees, particularly concerning wage disputes. The case is vital for understanding the limits of appellate review in labor matters and reinforces the procedural framework established by labor laws in Pakistan. Keywords: Labor Law, Punjab Labour Appellate Tribunal, Payment of Wages Act, Industrial Relations Ordinance, Wage Disputes, Legal Jurisdiction. |
| Court |
Lahore High Court
|
| Entities Involved |
Punjab Labour Appellate Tribunal,
Pakistan Railways,
Punjab Labour Court No. 2
|
| Judges |
Rustam S. Sidhwa, J
|
| Lawyers |
Muhammad Ismail Bhatti,
Syed Inayat Hussain Shah,
Fazle Mahmood,
Khan A. Hamid
|
| Petitioners |
Pakistan through Chairman, Pakistan Railway Hoard, Lahore
|
| Respondents |
Maqsood Ali,
82 Others
|
| Citations |
1981 SLD 2188,
1981 PLC 307
|
| Other Citations |
Lyallpur Cotton Mills, Faisalabad v. Iftikhar Hussain 1980 P L C 568-d,
Assistant Director of Labour & Inspector of Factories, Karachi v. M. Saleem, Director/Occupier, Messrs Sabina Cotton Mills Ltd. 1979 P L C 326,
Kochadai Naidu and another v. Nagayasami Naidu and others A I R 1961 Mad. 247,
Debidutt Dube v. Central India Electrical Supply Co. Ltd. A I R 1945 Nag. 244,
Thakur Rudra Paratap Singh v. Thakur Miritun Paratap Singh A I R 1957 All. 28,
Divisional Manager, Rice Milling Corporation, Gujranwala v. Khushi Muhammad and 209 others 1979 P L C 289,
Muhammad Ilyas Khan v. The Divisional Superintendent, Pakistan Railways 1979 P L C 1,
Jannat Textile Mills v. Sind Appellate Tribunal P L D 1979 Kar. 725
|
| Laws Involved |
Industrial Relations Ordinance, 1969,
Payment of Wages Act, 1936
|
| Sections |
38(3-a),
35(5),
17
|