Law:

Section:

West Pakistan Industrial (Transfer of Projects and Companies) Ordinance (V of 1974)---- --- Ss. 3, 6 & 10 read with Industrial Relations Ordinance (XXIII of 1969), S. 25-A-Jurisdiction of Labour Court-Not barred in cases of reliefs not in conflict with Ordinance V of 1974-Patitioner claiming promotion--No legal right for promotion-Prayer rejected-Payment of compensation and change of designation, held beyond jurisdiction of Labour Court and Tribunal. S. M. Yaqoob for Appellant. Ashraf Hussain Rizvi for Respondent. DECISION This appeal has been filed against the order of the Labour Court dismiss­ing the preliminary objection. 2. The respondent was in the employment of the West Pakistan Industrial Development Corporation. By Ordinance No. 5 of 1974 the services of the employees were transferred to other projects taken over by the Government. Consequently, the respondent was transferred to Messrs Quality Steel Works Ltd. by a letter dated 9th March, 1974. He joined the new concern on 12th March, 1974. The grievance of the respon­dent is that, although, the terms and conditions of service of the employees were protected by virtue of Section 6(4) of the Ordinance but he was not allowed the benefits to which he was entitled prior to his transfer. He, therefore, made an application to the Labour Court under section 25-A, I. R. O. 3. A preliminary objection was taken that the application was not maintainable by virtue of sections 3 and 10 of the Ordinance as the jurisdic­tion of the Courts was barred. It was also pleaded that certain benefits claimed by the respondent were also barred by virtue of section 6, clause (5) of the Ordinance. 4. The Labour Court entertained the view that the bar was not applicable as the conditions laid down by those sections were not fulfilled. Aggrieved by this, the present appeal was filed. 5. Taking up the question of bar of the jurisdiction reliance was placed upon sections 3 and 10 of the Ordinance, which read as under:- "3. Ordinance to override other Laws.-The provisions of this Ordinance and any rule or order made there-under shall have effect notwithstand­ing anything contained in any other law for the time being in force, or…

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