Law:

Section:

Keywords: Protection, Issuance, Guilty, Appellate Tribunal, Repugnant, Maintenance, Leave, Notice, Methods, Chairman, Notification, Ancillary, Illegal, Government, Proceedings, Management, Contravention, Failure, Procedure, Provisions, Validity, Costs, Offences, Jurisdiction, Classes, Permission, Pre-Condition, Extension, Conditions, Allowances, Disposed Of, Defence, Plea, Impugned Order, Conditions Of Service, High Court, Trade Union, Relief, Dispute, Discretion, Orders, Labour Court, Order, Preamble, Determination, Certificate, Retrospective Effect Result: Appeal dismissed JUDGMENT The question for determination in this appeal is whether the provisions of the Pakistan Essential Services (Maintenance) Act. 1952 oust the jurisdiction of an Industrial Court orLabour Court to adjudicate industrial dispute: as regards any class of employ ment declared to be an essential service in the said Act. 2. The Ist respondent is a bank and I shall refer to it as the employer. Towards the end of 1966, there was an industrial dispute between the employer and its workmen of the branch concerned. Accordingly, conciliation proceedings were commenced under section 5 of the Industrial, Disputes Ordinance, 1959 (hereafter called the Ordinance). As the Conciliation Officer -s effort, were not successful he issued the usual Failure Certificate on 3rd December 1966. Therefore, it was for the workmen to file an application before the West Pakistan Industrial Court at Karachi, which they `did on 31st January 1967. Now the appellant was one of the workmen involved in this industrial dispute referred to the said Industrial Court, and according to him he was illegally dismissed on 24th June 1967, he filed an application for relief before the said Court under section 31 of the Ordinance on 17-7-1967. Meanwhile, however, by a notification dated 8th December 1966, the Central Government had declared all classes of employment under the employer "to be employment to which the said Act shall apply:" I Lay explain here that the Act was the Pakistan Essential Services (Maintenance) 1952, and I shall also refer to it as the said Act. In this notification, the employer's claim was that the West…

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