1994 PLC 553 LAHORE-HIGH-COURT-LAHORE

1994  PLC  553     LAHORE-HIGH-COURT-LAHORE

PAKISTAN STATE OIL COMPANY LTD.

Versus

PUNJAB LABOUR APPELLATE TRIBUNAL

Industrial Relations Ordinance 1969 —-S. 25-A—Pakistan Essential Services (Maintenance) Act (LIH of 1952), S.3—Grievance petition—Competency of—Grievance petition filed by employee against termination of his service was resisted by employer on ground of in-competency as at relevant time service of employee was covered by “Pakistan Essential Services (Maintenance) Act, 1952”, according to which all classes of employment in Oil and Gas organisations like employer company, were declared as “essential services”—Services of employee were terminated as he was involved in a notorious case and was convicted, but later on, he was granted pardon on his filing mercy petition—Court below, on basis of such pardon, accepted grievance petition of employee and he was reinstated in service—Employees who fell in category of workmen and were not exempted from application of industrial Relations Ordinance, 1969 would have recourse to Labour Court—Mere fact that provisions of Pakistan Essential Services (Maintenance) Act, 1952 were applicable to a particular establishment, would not ipso facto oust jurisdiction of Labour Court in respect of grievance petition filed under S. 25-A of the Ordinance—If Labour Court was vested with jurisdiction to adjudicate upon grievance petition same was competent.