Law:

Section:

(a) Industrial Relations Ordinance (XCI of 2002)--- ----S. 48---Khyber Pakhtunkhwa Industrial Relations Act (XVI of 2010), Ss.51 & 83---General Clauses Act (X of 1897), Ss.6 & 24---Constitution of Pakistan, Art.247(3)---Provincially Administered Tribal Areas---Forum of appeal---Industrial Relations Ordinance, 2002 having been repealed, Khyber Pakhtunkhwa Industrial Relations Act, 2010 had been promulgated but had not been extended to the Provincially Administered Tribal Areas as per requirement of Art.247(3) of the Constitution---In the absence of extension of the Khyber Pakhtunkhwa Industrial Relations Act, 2010 to the Provincially Administered Tribal Areas the effect would be that the extension of the Industrial Relations Ordinance, 2002 had not been repealed and was still in the field there---Constitutional petition against the Judgment of Labour Court falling under Provincially Administered Tribal Areas was treated as appeal under S.48 of the Industrial Relations Ordinance, 2002. Gul Zamin v. Sarfaraz Khan 1984 SCMR 374; Sarfaraz Khan v. General Manager English Soap and Cosmetic Company, Swat 2003 PLC 272 and Government of Punjab through Secretary v. Zia Ullah Khan and 2 others 1992 SCMR 602 rel. (b) Industrial Relations Ordinance (XCI of 2002)--- ----S. 48---Termination of Service of employee of Corporation---Execution of decree against (defunct) Corporation---Successor department, responsibility of---Scope---Employee of the Corporation challenged his termination before Labour Court, whereby the same was converted into compulsory retirement---During execution proceedings, Corporation was wound up and all the assets were transferred to the petitioner department---Labour Court found the petitioner department responsible to satisfy the decree, being successor in interest of the defunct Corporation---Validity---Petitioner department was legal successor-in-interest of the defunct Corporation and a huge amount had been received by the petitioner department from the Privatization Commission of Pakistan to overcome the liabilities due from erstwhile Corporation---Petitioner department was bound to pay back the due emoluments of employee, being successor in…

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