Law:

Section:

(a) Industrial Relations Ordinance (V of 2011)-------Preamble---Appeal of employee before Labour Appellate Tribunal pending prior to promulgation of Industrial Relations Ordinance, 2011 on 18-7-2011---Plea of employer-company having branches/offices in more than one Provinces that Tribunal ceased to have jurisdiction to continue with such appeal after coming into force of Ordinance, 2011---Validity---No provision existed in Industrial Relations Ordinance, 2011 for transfer of proceedings which were already pending in Labour Court or Tribunal or National Industrial Relation Commission---Rights of parties would be settled / decided according to law, which prevailed at the time of accrual of cause of action---Grievance of employees, whose grievance petitions or appeals were pending on 18-7-2011, were causes which accrued to them before promulgation of Industrial Relations Ordinance, 2011---Both Labour Court and Tribunal would be competent to hear and decide matters pending before them prior to 18-7-2011 as per law prevalent on date of initiation thereof---Plea of employer was repelled in circumstances. Bashir v. Wazir Ali 1987 SCMR 978 and Syed Aftab Ahmed and others v. K.E.S.C. 1999 SCMR 197 ref. Muhammad Aslam v. Director Human Resources Management Civil Petition No.454 of 2009 and Nadeem Iqbal v. Atomic Commission Civil Petition No.102 of 2009 rel. (b) Industrial Relations Ordinance (V of 2011)--- ----Preamble---Industrial Relations Ordinance, 2011---Status and application of---Industrial Relations Ordinance, 2011 would operate prospectively as it contained both procedural and substantive provisions---Principles. Industrial Relations Ordinance, 2011 is not per se a procedural law. It confers benefits of labour laws on many persons and provides them safeguards against illegal strikes and lockouts. It is a piece of welfare legislation. It lays down punishments including, in certain case, punishment of imprisonment. It provides for procedure in case of illegal strikes and machinery for conciliation, procedure relating to industrial disputes, registration of trade unions and federation of trade unions and many other matters. Therefore, it is not merely a procedural…

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