MUHAMMAD FAROOQ vs CHAIRMAN, ROAD TRANSPORT CORPORATION, — 1972 PLC 60

Citation: 1972 PLC 60

Court: Labour Court

Year: 1971

Decision Date: 1971-05-05

Parties: MUHAMMAD FAROOQ vs CHAIRMAN, ROAD TRANSPORT CORPORATION, LAHORE

Headnotes

Case cited as 1972 PLC 60

Judgment Text

Court Name: Labour Court Judge(s): Mazharul Haq, Muhammad Mushtaq Karimi Title:MUHAMMAD FAROOQ vs CHAIRMAN, ROAD TRANSPORT CORPORATION, LAHORE Case No.: Petition No. 39 of 1971 Date of Judgment:1971-05-05 Reported As: 1972 PLC 60 Result: N/A Judgment ORDER Muhammad Farooq filed the present Petition on I1-3-71 under section 34 of the Industrial Relations Ordinance, 1969 (hereinafter called I. R. O.) for enforcement of his right of payment of gratuity admissible under Standing Order No. 12 of the West Pakistan Industrial 8c Commercial Employment (Standing Orders) Ordinance of 1968 (hereinafter called the Ordinance). The admitted facts are that the petitioner was a permanent driver with the respondent concern whose services were termi--nated on medical grounds with effect from 20-3-70. He was, however, not allowed gratuity under Standing Order No. 12 of the Ordinance. He made application to the respondent on 27-3-70 for a claim for gratuity which was finally rejected by order dated 8-6-70. He made subsequent applications dated 3-7-70 and 9-11-70 for a claim which were not replied. The petitioner, therefore, filed the present petition on 11-3-1971. When notice was served on the respondent he admitted the facts but raised a preliminary objection that the application under section 34 of the 1. R. O. Was not maintainable as the same lay under Standing Order No. 18 of the Ordinance and that the application was the-barred. The statement of the representative of the petitioners, Mr.…

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