Law: Industrial and Commercial Employment (Standing Orders) Ordinance, 1968

Section: 2(b),3

Law: Punjab Industrial Relations Act, 2010

Section: 44

(a) Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----Ss.2(b) & 3---Jurisdiction of Labour Court and Labour Appellate Tribunal---Scope---Petitioner assailed orders of Labour Appellate Tribunal and Labour Court whereby both the authorities had concurrently dismissed the application filed by petitioner---Petitioner claimed that it being an association did not fall within the definition of 'Commercial Establishment' and that Labour Court had no jurisdiction to entertain and adjudicate upon the grievance petition filed by respondent against it---Validity---Objections qua jurisdiction assumed different shades, some of which might question the validity of law under which a particular authority/tribunal had been created or related to the constitution or composition of said authority/tribunal in wake of applicable law---Some jurisdictional objections questioned the exercise and amenability of jurisdiction with respect to the parties to the lis or regarding the subject matter of the dispute raised---All objections regarding jurisdiction were not out of the realm or competency of an authority/tribunal---Some jurisdictional objections, could be left to be decided by the authorities/tribunals of limited jurisdiction and some were required to be adjudged in the exercise of judicial review jurisdiction---Question regarding jurisdiction, in the present case, was required to be examined and decided in the light of the documents referred to and relied upon by the parties---High Court declined to exercise judicial review jurisdiction and decide the question, which could be effectively decided by Labour Court---Constitutional petition was dismissed. Akhtar Ali v. Altafur Rehman PLD 1963 Lah. 390 and Mian Umar Ikram-ul-Haque v. Dr. Shahida Hasnain and another 2016 SCMR 2186 foll. (b) Jurisdiction--- ----Objection to---Scope---Some jurisdictional objections, could be left to be decided by the authorities/tribunals of limited jurisdiction and some were required to be adjudged in the exercise of judicial review jurisdiction. THIS ORDER PASSED BY: ASIM HAFEEZ, J.---- The petitioner hereby impugns order dated 12.12.2018 by Punjab Labour Appellate…

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