Law:

Section:

Industrial Relation Act, 2012-- ----Ss. 3, 34(2) & 54(a)--Jurisdiction of NIRC--No Labour Laws in Islamabad Capital Territory after repeal of IRA, 2008--Matters affecting affairs of establishment and employees within country or within provinces--No jurisdiction to entertain any matter relating to Islamabad Capital Territory or establishments carrying on business in more than one province--Validity--Any industrial dispute which equally exists in more than one province in different establishment come under jurisdiction of NIRC--Furthermore if trade union or federation representing such employees in cases where establishment is extended in more than one province--Case in hand is neither an industrial dispute affecting all employer or workers of establishment in more than one province rather from perusal of Charter of Demand it is quite clear that this is only to extent of province of Balochistan--Furthermore appellant/applicant is not a federation nor belongs to it and their membership are confined only to province of Balochistan--Point of jurisdiction of labour courts were agitated and decided in labour appeal against which no /observation has been received from higher forum--Matter also resolved jurisdiction of Labour Court but according to parties no appeal/revision was filed before higher forum. [P. 22] A, B & C Balochistan Industrial Relations Act, 2010-- ----S. 50--Civil Procedure Code, (V of 1908), S. 11 & O. XXXIX, Rr. 1, 2--Application for dismissal of petition on ground of jurisdiction--H.B.L employee was not registered with NIRC--Labour Court wrongly assumed that application hit by S. 11 of, CPC under provision of res-judicata--No Labour Laws in Islamabad Capital territory after repeal of IRA, 2008--Validity--Moreover provision of 11 of, CPC has not attracted matter before Labour Court for reason that while appeal was dismissed, remedies were allowed to appellant/applicant who appeared before Registrar Trade Union but due to non-cooperation of bank representative first stage was failed and same was intimated to Tribunal whereof Registrar was asked to further proceeds according to law--Labour Court wrongly assumed that case of…

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