Law:

Section:

(a) East Pakistan Labour Disputes Act (VI of 1965), Ss. 9 & 44 read with Industrial Disputes Ordinance (LVI of 1959), S. 7-Provisions of S. 7 of Ordinance L VI of 1959, quite incon­sistent with provisions of S. 9 of Act VI of 1965-"Industrial Court" under S. 7 of Ordinance LVI of 1959 and "Labour Court" constituted under S. 9 of Act VI of 1965-Entirely different kinds of Tribunals-Labour Court partially reconstituted under Act VI of 1965, and consisting of members not selected in accordance with provisions of S. 9(4) of Act Proceedings of such Court, held, coram non judice and void-Not saved either by S. 44 or S. 9(6) of the Act-Award given by such Court set aside. An award given by the Labour Court partially constituted under the East Pakistan Labour Disputes Act 1965 was challenged on the ground that the two members of the court had not been selected In accordance with the provisions of S.9(4) of the Act. It was therefore urged that the entire proceeding before the Labour Court was null voud and without jurisdiction. In reply it was contented that even if there was defect in the constitution of the Court its proceeding were validated in view of the provision of section 44 and section 9(6) of the Act. Held : Under the Industrial Disputes Ordinance of 1959 all members of the Court, including the Chairman, were to be appointed by the Provincial Government ; the Chairman at the discretion of the Government from amongst persons who are or have been Judges of the High Court or District Judges and the members in consultation with employers and workmen in such manner as may be prescribed. Under the East Pakistan Labour Disputes Act of 1965, the Chairman is still to be appoint­ed by the Provincial Government at its discretion but the category of persons from amongst whom he may be selected has been enlarged to include any person who is qualified to be a Judge of a High Court. Thus he may well be a person who neither is nor has been a Judge of a High Court or a District Judge, but so far as the other members of the Court are concerned, they are to be chosen now by the Chairman from out of two panels, of 5 persons each, constituted by the Provincial Government in…

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