Law:

Section:

Pakistan Essential Services (Maintenance) Act (LIII of 1952)--- ------Ss. 3 & 7-A [inserted vide Pakistan Essential Services (Mainte­nance) (Amendment) Ordinance (V of 1965)]-Jurisdiction of Labour Court functioning under Industrial Relations Ordinance, 1969-Ousted in matters of service declared as "essential service" even in cases pending before Labour Court on date of issuance of notification under S. 3. Complainant (Workers of Machinery Pool Organization of WAPDA) had filed complaint before Labour Court under Ss. 54 and 55 of Industrial Relations Ordinance, 1969 for non-implementation of award of Industrial Court inasmuch as he bad been re-instated but had not been given back dues in accordance with the award. The complaint was resisted on the plea that the provisions of Pakistan Essential Services (Maintenance) Act, 1952 had been extended to the service and as such the Labour Court was divested of jurisdiction in the matter. It was argued by the complainant that award bad been partly acted upon and that under sections 54 and 55 of Industrial Relations Ordinance, 1969 no adjudication was required. It was further contended that since Industrial Relations Ordinance, 1969 was enacted after the promulgation of section 7-A by Pakistan Essential Services (Maintenance) (Amendment) Ordinance, 1965 the Industrial Relations Ordinance, 1969 could not be covered by section 7-A ibid and further that the complaint was pending on date of issuance of notification under section 3 of the Act. Held: Argument that award had been partly acted by accused and that under sections 54 and 55 of Industrial Relations Ordinance, 19b9 no adjudica­tion was required it being a criminal offence, would not give jurisdiction to Labour Court. As soon as the provisions of Pakistan Essential Services (Maintenance) Act, 1952 were extended, the Labour Court by virtue of section 7-A of the Act became divested of its jurisdiction to proceed under Industrial Relations Ordinance, 1969. When the Labour Court has no jurisdiction to enforce the award it has no jurisdiction to punish any body for the breach of the same. Words "or any other law" used in section 7-A of the Act are wide enough to have an…

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