Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUHAMMAD OMAR GILL VS Respondent: PAKISTAN INTERNATIONAL AIRLINES CORPORATION JUDGMENT
Court Name: Labour Appellate Tribunal Judge(s): Sardar Muhammad Abdul Ghafoor Khan Lodhi Title:MUHAMMAD OMAR GILL vs PAKISTAN INTERNATIONAL AIRLINES CORPORATION
JUDGMENT
Reported As: 1985 PLC 726 Result: Appeal dismissed Judgment JUDGMENT ' This appeal has been preferred against the decision, dated 1st October, 1984 passed by the learned Presiding Officer, Punjab Labour Court No, 2, Lahore, whereby the grievance petition of the appellant for his reinstatement in service was dismissed for lack of jurisdiction. 2. The point involved is that P. I. A. Has been declared as an essential service under M.L.R.-52 and Pakistan Essential Services (Maintenance) Act, 1952 has been made applicable to it, so the jurisdiction of the Labour Courts is barred. I have already expressed my views on the point in Appeal No, BR-251/84-Punjab titled as Hilal Hussain v. P. I. A. Decided on 23rd August, 1984 that the jurisdiction of the Labour Courts is barred. Section 3 of the Pakistan Essential Services (Maintenance) Act, 1952 provides that a declaration is to be made by the Government applying the said Act to the establishments and that such a declaration remains effective for six months only. But since M.L.R-52 declared P. I. A. As essential service and there is no provision in it that a declaration by the Government would be necessary. Section 3 of Pakistan Essential Services (Maintenance) Act, 1952 is not applicable and P. I. A. Is an essential service and shall remain as such so long as M.L.R.-52 stands A Section 10 of M.L.R. 52 has made Pakistan Essential Services (Maintenance) Act, applicable so the forum for deciding the disputes would be as provided by section 7 (3) in this respect PLD 1982 SC 113 may be cited with great advantage. So the jurisdiction of the Labour Courts is barred and the decision of the learned lower Court is unassailable. 3. As a result, the appeal fails and is dismissed in limine.