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Petitioner: Rana MUHAMMAD SARWAR VS Respondent: PUNJAB AGRICULTURAL DEVELOPMENT AND JUDGMENT
Court Name: Labour Appellate Tribunal Judge(s): Sardar Muhammad Abdul Ghafoor Khan Lodhi Title:Rana MUHAMMAD SARWAR vs PUNJAB AGRICULTURAL DEVELOPMENT AND
JUDGMENT
Reported As: 1989 PLC 98 Result: Appeal dismissed Judgment JUDGMENT ' The appeal captioned above arises from the decision dated 19-3-1987 recorded by learned Presiding Officer, Punjab Labour Court No, 5 Faisalabad whereby the grievance petition has been returned to the appellant for want of jurisdiction. 2. The facts are that an amount of Rs, 43,190.20 was in the custody of the appellant when he was serving as Store Supervisor at Sale Depot, Green Market, Jhang. The amount was to be deposited in the bank but he failed to do so. The amount was stolen away and a case was registered with the police. The petitioner too was arrested by the police, he, therefore, deposited Rs, 23,000 with the respondent. He has brought application under section 25-A, Industrial Relations Ordinance for a declaration that the recovery of Rs, 23,000 was against the law and facts and without lawful authority. The prayer is also for a direction for the refund of the amount. It is evident that the appellant deposited the amount to be saved from the criminal case and not as a fine or compensation. The learned counsel for the appellant has failed to show any law which may have guaranteed to the appellant any right for the recovery of the amount. Since a case has been registered the amount relates to a criminal case and for this reason also Labour Court even if it be said it has jurisdiction cannot order for the refund of the same. The grievance petition, therefore, has been rightly returned to the appellant by the learned lower Court. 3. As a result the appeal fails and is dismissed in limine.