Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- -- S. 25-A-Words "shall go into all facts of case"-Indicate scope of enquiry by Junior Labour Court under S. 25-A - Intention of Legislature-To provide a double check. The words "shall go into all the facts of the case" are a fair indication in regard to the scope of enquiry by a Junior Labour Court under section 25-A of the Industrial Relations Ordinance, 1969. Such words indeed are with a purpose and have to be given full effect in accordance with the established principle of interpretation of statutes. It would thus seem that when a case is brought before the Junior Labour Court, the scope of enquiry is wider than the scope of a Tribunal examining only the legality of the order. The words "shall go into the facts of the case" clearly signify that the Junior Labour Court has full and complete powers to enter even into questions of fact and to arrive at its conclusions regardless of no illegality of procedure being pointed out in a case. Intention of the Legislature appears to be to provide a double check, one in the form of domestic enquiry and the other in the form of judicial determination by the Junior Labour Court. Petitions Nos, 927 and 494 of 1973 (unreported) ref. Messrs Iqbal Silk Mills Ltd. v. Mahmood Mian 1969 P L C 691 distin­guished. (b) Industrial Relations Ordinance (XXIII of 1969)- -- - S. 36-D-Labour Court exercising appellate powers on mistaken view of law, refusing to enter into questions of fact ant displacing findings of Junior Labour Court without stating reasons-Order of Labour Court, held, without lawful authority and quashed. (c) Industrial Relations Ordinance (XXIII of 1969)- -- S. 36-B read with S. 25-A(5)-Junior Labour Court can record evidence under S. 36-B-Such power to be exercised with caution and circumspection and only for purpose of obtaining just and proper decision as contemplated by S. 25.A (5y-Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. O. 15. It was convassed that it is not the function of the Junior Labour Court to record fresh evidence on the same facts on which the domestic Tribunal had already recorded evidence and that by so…

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