Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- -- Ss. 2(ix) & 2(xiv) read with West Pakistan Industrial and Com­mercial Employment (Standing Orders) Ordinance (VI of 1968), S. 1(4)-Board of Intermediate and Secondary Education-Neither an establishment nor an industry for purposes of Industrial Relations Ordinance, 1969-Board a statutory body having its own rules regarding service, conduct and disciplines of employees-Employees of Board not entitled to seek redress before Labour Court. A I R 1963 S C 1873 rel. JUDGMENT Muzaffar Hussain K. G. Mehmood was employed as Senior Clerk by the Board of Intermediate and Secondary Education, Lahore. On 18th February 1972 he was dismissed from service with immediate effect allegedlly on the basis of established charges of gross misconduct, gross insubordination, indiscipline, destruction of official documents, failure to perform his duty properly, exceeding his powers and gross negligence in the performance of his duties. 2. On 2nd August 1972 the petitioner filed the under-consideration petition under section 34 of the Industrial Relations Ordinance, 1969 against the Chairman, Board of Intermediate and Secondary Education, Lahore praying that the aforesaid order of his dismissal from service might be set aside and he be re-instated without any break of service with all benefits of service and payment of up-to-date dues with compensation etc. He contended in the under-consideration application that he was the founder President of the Lahore Secondary Board Employees' Union and he had voiced and launched a relentless campaign against the corruption and malpractices in the Board and consequently the respondent and his officers harboured grudge and malice against the petitioner and they manoeuvred the charges of misconduct against him with a view to victimise him for his Trade Union activities and his impugned dismissal was outcome of such victimization. 3. The respondent vehemently resisted the petition filed by the petitioner and pleaded inter alia that the same was not legally competent, in as much as the I.R.O., 1969 and the other labour law, were not applicable to the employees of the Board as the Board was neither…

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