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Industrial Relations Ordinance (XXIII of 1969)---- -- S. 53 read with S. 22-A (9) (a)-Jurisdiction of Commission ­Application under S. 53, raising a matter relating to past and closed transaction, found to be not maintainable-Whether Commission can take cognizance of and proceed in such matter in exercise of its suo motu jurisdiction [Quaere]. JUDGMENT Muhammad Hassan Awan, respondent No. 3, (hereinafter called the em­ployee) was initially appointed as a store clerk in a Private Limited Company (petitioner No.1.) (known as K.S.B. Pumps Company Limited which has its factory in Hassanabdal, District Campbellpur) and was promoted gradually as a stores supervisor in the year 1966. It is argued by the learned counsel for the petitioners that on account of the abolition of his post by Head Office vide order dated 23-7-1970 his services were terminated with effect from 31-7-1970 as per Annex. 'A' attached with the petition. Aggrieved of the termination of his services respondent No. 3, on 30-7-1970 filed a civil suit against the petitioners in the Court of a civil Judge Campbellpur seeking a declaration that termination of his service was mala fide and inoperative. During the pendency of the civil suit, however, Muhammad Hassan Awan employee submitted a petition on 5-5-1973 to the National Industrial Relations Commission (N.I.R.C.) (copy Annex. 'E') whereupon a learned single member of the Commission on 1-6-1973 summoned the petitioners to appear in defence of the case on 26-6-1973, on which date the petitioners filed a written statement and also challenged the authority and jurisdiction of the learned single member of the Commission to entertain and take action on a matter which was a past and closed transaction. The learned single member, however, decided to proceed on the merits of the case without deciding the preliminary issue as to his jurisdiction and authority, as per his orders dated 26-6-1973. Aggrieved from those proceedings and orders, the petitioners filed W. P. No.1250/S of 1973 in this Court which came up for a preliminary hearing before my learned brother S. Rahman, J., on 29-6-1973, when his Lordship was pleased to pass the following order "Mr. Sharif…

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