Law:

Section:

Industrial Relations Ordinance (XX111 of 1969)----S. 25-A read with Pakistan Essential Services (Maintenance) Act (LIII of 1952), Ss. 3 & 6 and Pakistan Essential Services (Mainte­nance) Rules, 1962, r. 3(1)-Jurisdiction of Labour Court-Whether ousted in respect of employees of essential services-Termination of service and re-instatement-Covered by expression "conditions of service" used in S. 6 of Pakistan Essential Services (Maintenance) Act, 1952-Such matter can be made subject-matter of "directions of Authority regulating wages or conditions of services" under S. 6(2), Pakistan Essential Services (Maintenance) Act, 1952 and Pakistan Essential Services (Maintenance) Rules, 1962-Such direction can either be on specific matter or on general policy matters-Power of Authority to give directions - Includes power to adjudicate upon individual cases or disputes between employer and workmen-Jurisdiction of Labour Courts, held, ousted from all such matters. General Manager, Heavy Mechanical Complex v. Bashir Ahmad Malt) and another W. P. No, 885 of 1975 (unreported) rel. WAPDA v. Punjab Labour Court No. 3 W. P. No. 642 of 197 (unreported) distinguished. Said Omar v. Federation of Pakistan P L D 1956 Lab. 382 and Sura Narain Anand v. N. W. F. P. A I R 1949 P C 112 ref. JUDGMENT The petitioners were employees of the Pakistan Broadcasting Corporation, Rawalpindi. Their services were dispensed with by the Broadcasting Authorities, This action was challenged by invoking the jurisdiction of the Labour Courts by the petitioners under the provisions of section 25-A of the Industrial Rela­tions Ordinance, 1969. Ultimately, the Punjab Labour Court No. 2 Lahore, taking, note of the objection that a Notification No. S. R. O. 138 (1)/73, dated 30th January, 1970, had been issued whereby all classes of employment under the Pakistan broadcasting Corporation were declared to be an essential service under the provisions of the Pakistan Essential Services (Maintenance) Act, 1952, held that the Labour Court had no jurisdiction to entertain or adjudicate upon the petitions preferred under the provisions of the Industrial Disputes Ordinance, 1969. The question which falls for…

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