Full Judgment Text & Judicial Ruling

Court Name: Labour Appellate Tribunal Judge(s): Sardar Muhammad Abdul Ghafoor Khan Lodhi Title: MUSLIM COMMERCIAL BANK Ltd., FAISALABAD vs S. KHALID ALI Case No.: Petition No, FD-171 of 1984 Date of Judgment:1984-07-22 Reported As: 1985 PLC 247 (1) Result: Revision accepted

JUDGMENT

JUDGMENT ' The order, dated 28-9-1984 passed by the learned Presiding Officer, Punjab Labour Court No,5, Faisalabad, rejecting the application for amendment of written statement is said to be wrong. 2. The amendment sought for was that the respondent being a dismissed person was out of the definition of workman as defined in section 2(xxviii) of the Industrial Relations Ordinance, 1969 and that the award of the Wage Commission not being the award as defined in the Industrial Relations Ordinance, 1969, the application made by the respondent under section 25--A of the Industrial Relations Ordinance 1969 based upon such an award was not maintainable. Both these points are sub judice before the High Court Lahore in various writ petitions. Even otherwise an amendment of pleadings, if it does not set up totally a new case, should not be disallowed. 3. As a result, I accept the revision and allow the proposed amendment.

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