Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)----- ----S. 35(3) read with Labour Laws (Amendment) Ordinance (IX of 1977), Sched. I-Constitution of Pakistan 1973), Art 193 Presiding Officer of Labour Court, appointment of-----Person first enrolled as pleader in criminal and civil forums except Court of Judicial Commissioner, Baluchistan, later allowed to appear before Judicial Commissioner subject to certain conditions, and appointed Public Prosecutor and Government Pleader-Contention that appointment of such person as Presiding Officer of Labour Court was not justified in law and all orders passed by such Court are illegal and of no effect---Held : Public Prosecutor's office-Not a judicial office - Public Prosecutor, hence, not a Judicial officer--Judicial Commissioner's Court in Baluchistan----Not a High Court-Respondent enrolled in Judicial Commissioner's Court in Baluchistan only as a Pleader and not as Advocate-Respondent also not enrolled as an Advocate in any other High Court nor could be he treated to be an Advocate by implication-Appointment of respondent as Presiding Officer of Labour Court in contravention of provisions of S. 35(3) and illegal----Respondent's appointment not justifiable even by amendment introduced by Ordinance IX of 1977 for reason of no previous permission of Federal Government having been obtained by Provincial Government to make such appointments. Black': Law Dictionary, Revised Fourth Edn., p. 986 ; Ghulam Rasool v. Crown P L D 1950 Bat. 29 and Khan Hamidullah Khan v. Mst. Nazis Begum P L D 1953 Lah 98 ref, Industrial Relations Ordinance (XXIII of 1969)------- -----S. 35(3) read with Labour Laws (Amendment) Ordinance (IX of 1977), Sched. I-Presiding Officer of Labour Court, appointment of­----Under judicial scrutiny in High Court-Provincial Government and Public Service Commission, held, should have stayed hand from so­--called regularisation of appointment and not remained ignorant, in their over-enthusiasm even of latest amendment in law as well as of their powers whether they could regularise illegal appointment with retrospective effect. Nisar Zahld for Khalid M. Ishaque for Petitioner. Basharatullah and Maquim Ansari…

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