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Petitioner: ATHAR NASIM VS Respondent: MUSLIM COMMERCIAL BANK Ltd.
Court Name: Labour Appellate Tribunal Judge(s): Sardar Muhammad Abdul Ghafoor Khan Lodhi Title: ATHAR NASIM vs MUSLIM COMMERCIAL BANK Ltd. Case No.: Appeal No. LHR-411 of 1986 Date of Judgment:1986-07-14 Reported As: 1986 PLC 1059 Result: Order accordingly
JUDGMENT
JUDGMENT This is an appeal against the decision, dated 25-4-1986 recorded by the learned Presiding Officer, Punjab Labour Court No. 1, Lahore, whereby the grievance petition of the appellant for his reinstatement in service was returned for presentation to the proper forum holding that the Labour Courts, vide 1985 PLC 1083 lacked jurisdiction. 2. Since all decisions of the Labour Courts and this Tribunal gee subject to writ jurisdiction of Lahore High Court, therefore, the dictums laid down by the said Court are to be followed. The learned lower Court thus rightly relied upon the ruling referred to above. However, since the said ruling stands challenged before the Supreme Court, the learned Court below should have passed a qualified order on the condition that if the Supreme Court holds that the Labour Courts have jurisdiction, the appellant would be entitled to get his case decided on merits from the learned lower Court. 3. As a result, the appeal is disposed of with the direction that if the Supreme Court holds that the Labour Courts have jurisdiction in such matters, the appellant will be entitled to get his grievance petition decided from the learned lower Court on merits. A. E. Order accordingly
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