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Petitioner: SHAHAB-E-SAQIB VS Respondent: Messrs NATIONAL REFINERY Ltd.
Court Name: Labour Appellate Tribunal Judge(s): Ali Nawaz Budhani Title: SHAHAB-E-SAQIB vs Messrs NATIONAL REFINERY Ltd. Case No.: Appeal No. KAR-72 of 1985 Date of Judgment:1985-07-08 Reported As: 1986 PLC 141 Result: Appeal dismissed
Judgment DECISION I have heard the learned Advocate for the appellant and perused the impugned order. The admitted position in the instant appeal is that the appellant is governed by the provisions of the Pakistan Essential Services (Maintenance) Act, 1952. The Supreme Court judgment reported in PLD 1982 SC 113 and PLD 1982 SC 125 has maintained that the workman to whom the provisions of the aforesaid Act are applicable, if he is aggrieved by the termination of his services can take step to institute proceedings as provided under section 7 of the said Act. The Labour Court, as such has no jurisdiction where the services of the workman are terminated or he is reverted to a lower post. 2. The arguments in the impugned order is that in this case of reversion of the appellant who was reverted from a higher post to the lower post and this could be considered by the Labour Court under grievance petition of section 25-A, I.R.O. 1969. The provisions of section 6(1) empowers the Central Government to make rules, regulate wages and other conditions of the service of the employees. It also authorized it to specify authorities in this respect, the option of which entirely vests with the Central Government. The section 6 does not apply in this case. 3. The over all opinion is that the Labour Courts have no jurisdiction in case where the provisions of Pakistan Essential Services (Maintenance) Act, 1952 apply. The appeal is accordingly dismissed in limine. A.A.