Law:

Section:

Industrial Relations Ordinance (XXII1 of 1969)- -- S. 25-A read with Economic Reforms Order (P. O. 1 of 1972), Arts. 6 & 8-Jurisdiction of Labour Court in respect of workman of taken over industry - Bar of jurisdiction of Courts by Art. 8 of P. O. 1-Not opperative in cases of violation of Art. 6 of P. O. I-Dismissal of workman -Competent authority-Manag­ing Director only and no other officer or authority-Dismissal order passed by Personnel Manager, held, violative of Art. 6-Labour Court, held, could entertain application against such order and its jurisdiction, held, not barred by Art. 8 of P. O. 1. of 1972 P L D 1960 S C 113 and P L J 1973 Lah. 452 ref Mirza Muhammad Kazim for Appellant. A. Hafiz for Respondent. ORDER Heard learned representatives of the parties. A Preliminary Objection has been raised by the learned representative of the respondent that Labour Court has no jurisdiction to take cognizance of this matter under the provisions of the Economic Reforms Order, 1972 and the appeal is barred by section 8 of the Ordinance. On the other hand it has been argued by Mr. Mirza Kazim that respondent-Company has been taken over under Economic Reforms Order 1972 but the appellant has been dismissed by Personnel manager who had no authority under this Ordinance rte dismiss the appellant. He challenges the order passed lay the Personnel Manager. His argument is tenable. I have seen the lower Court record and find that the appellant was dismissed by Personnel Manager vide Annexure Exhs. 1-A and P. 2. The appellant was suspended by Mr. S. A. A. A. Rizvi, Personnel Manager and be was also dismissed by him under Order P. 2. No­ thing has been brought on record to show that he was dismissed by Managing Director. Article 6 of the Economic Reforms Order 1972 (President Order A No. I of 1972) expressly enacts that the Managing Director alone can…

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