Law: Industrial Relations Act, 2012

Section: 54(e)

Industrial Relations Act, 2012 (X of 2012)-- ----S. 54(e)--Applicability of provisions of IRA--Jurisdiction--Maintainability--Exemption from applicability of labour laws-- Provisions of IRA, 2012 are not applicable to respondent therefore, this Commission lacks jurisdiction to entertain this petition--There is nothing on record to show that this exemption from applicability of labour laws including IRA, 2012 has been recalled cancelled by Govt. therefore, instant petition is not maintainable establishment i.e. Export Processing Zone Authority (EPZA) is excluded from applicability of Industrial Relations Act, as such this Commission has no jurisdiction to adjudicate or entertain instant grievance petition, which is not maintainable--Grievance petition was dismissed. ORDER The petitioners are working in the respondent Authority/ establishment since long in different capacity. That all the petitioners are office-bearers of EPZA Mehnatkash Workers Alliance Karachi, as such they fall within the definition of workmen under Section 2(xxxiii) of the IRA, 2012. That the petitioners are performing their duties on permanent posts continuously without any break and their performance is satisfactory to their superiors. Although the petitioners were performing their duties since many years on permanent post and acquired the status of a permanent workman yet they were neither treated as permanent workers nor had been provided facilities available under various labour laws inspite of several requests. That the respondents are annoyed with the office-bearers of the union due to their trade union activities and they are being extended threats and victimized, as such the petitioners have serious apprehension that the respondents would terminate/dismiss or transfer them as punishment and with mala fide intention have suspended all the petitioners. That in order to get their rights, the petitioners have formed a union, which is registered with Director Labour, Government of Sindh. That the petitioners are entitled for the fundamental rights as available under Acticle-17 of the Constitution of Islamic Republic of Pakistan, 1973. That the petitioners apprehending an adverse action…

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