Law:

Section:

Industrial Relations Act (X of 2012)--- ----S. 57(2)(b)---Civil Procedure Code (V of 1908), O.VII, R.10---Trans-provincial establishment---Forum of adjudication, question of---Jurisdiction of National Industrial Relations Commission---Scope---Return of the plaint---Scope---Employee contended that Labour Appellate Tribunal had wrongly allowed the application of the Employers/Bank under O.VII, R.10, C.P.C.---Employers contended that they being trans-provincial establishment, any grievance was to be adjudicated before National Industrial Relations Commission---Validity---Labour Court or Labour Appellate Tribunal had no jurisdiction to deal with any dispute arising out of any grievance relating to service of a person who was employee of a trans-provincial establishment---No illegality or infirmity had been noticed in the impugned order passed by the Labour Appellate Tribunal---Constitutional petition was dismissed accordingly. Pakistan Telecommunication Company Ltd.'s case 2014 SCMR 535 ref. Air League of PIAC Employees through President v. Federation of Pakistan M/O. Labour and Manpower Division Islamabad and others 2011 SCMR 1254; Shahid Perwaiz v. Messrs Galaxo Klin Pakistan Ltd. and others 2016 SCMR 30 and Glaxo Smith Kline Pakistan Limited through Group Industrial Relations Manager/Notified Factory Manager v. Sindh Labour Appellate Tribunal Sindh and 2 others 2013 PLC 183 distinguished. THIS ORDER PASSED BY: MUHAMMAD SAJID MEHMOOD SETHI, JUSTICE:---.--- Through instant petition, petitioner has assailed judgment dated 27.06.2016, passed by learned Punjab Labour Appellate Tribunal, Lahore ("Appellate Tribunal"), whereby revision petition, filed by respondent No. 2, against order dated 02.05.2016, passed by learned Punjab Labour Court No. 5, Sargodha ("Labour Court"), was accepted. 2. Brief facts of the case are that petitioner filed a grievance petition before learned Labour Court, seeking his reinstatement into service, stating therein that he was not being paid salary as per his appointment letter and his services were also not regularized. It was alleged that upon agitation of petitioner, his services were terminated through verbal order w.e.f. 16.09.2006.…

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