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Petitioner: PAKISTAN PVC LTD. VS Respondent: NOOR KHAN and others
Court Name: Labour Appellate Tribunal Judge(s): Ahmed Ali U. Qureshi Title: PAKISTAN PVC LTD. vs NOOR KHAN and others Case No.: Revision Application No, HYD-189 of 1990 Date of Judgment:1990-09-16 Reported As: 1991 PLC 718 Result: Petition dismissed
Judgment DECISION ' I have heard Mr. Mahmood Abdul Ghani for the applicants. 2. This Revision application is directed against the order of learned Labour Court No, VI at Hyderabad, dated 13-9-1989 and against order of learned Authority under the Payment of Wages Act, Hyderabad dated 12-8-1990. The Revision against the order of learned Presiding Officer, Labour Court No, VI, dated 13-9-1989, suffers from limitation/laches as this Revision Application has been filed after 11 months of the passing of the impugned order and after the party had appeared and pleaded before Authority under the Payment of Wages Act in pursuance of the, order in Appeal passed by the learned Labour Court on 13-9-1989. 3. Mr. Mahmood Abdul Ghani is not able to point out any provision of law under which this Tribunal has power to revise the order passed .By Authority under the Payment of Wages Act. Under the law only appeal before Labour Court is provided against Final Order that may be passed by the Authority. However, it is settled law, that Revision would lie to this Tribunal against order of learned Labour Court passed in appeal against order of Authority under the Payment of Wages Act. However that does not give power to this Tribunal to revise the order of the Authority directly without parties having recourse to Labour Court in appeal. 4. Mr. Mahmood Abdul Ghani further submitted that question at issue before Labour Court is interpretation of a settlement between the C.BA. And Management which is exclusive jurisdiction of this Tribunal under section 50 of I.R.O. This Tribunal would assume jurisdiction under section 50 and would interpret provision of the settlement, if there is any difficulty or doubt as to the interpretation of the settlement only when such reference is made to this Tribunal. There is no such reference as yet and therefore this Tribunal is not able to say whether there is any difficulty or doubt with regard
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to interpretation of any provision of settlement nor can it interpret any provision of the settlement in this Revision Application. 5. The Revision Application is dismissed.