Case Details

Citation(s)
1971 SLG 3079 1971 SLD 3079 = 1971 PLC 383
Punjab Labour Appellate Tribunal
Industrial Dispute No. 5 of 1970, decided on 19th, December 1970.
Presented By: Mahmood Ahmad Soofi, Chairman; Salah-ud-Din Gauhar and Fazal Elahi Qurban, Members
Nazir Ahmad Naz for Petitioner. Saadullah Mumtaz for
Respondent.

EMPLOYEES' UNION

VERSUS

ROAD TRANSPORT CORPORATION, LAHORE

Law:

Section:

West Pakistan Industrial Disputes Ordinance (IV of 1968) ------Ss. 6(8) &. 16(2)-Decision; of Labour Court relating to applica tion under S. 6(8)-Not appealable before Labour Appellate Tribu nal - Order passed by Labour Appellate Tribunal against such decision of Labour Court, 'held, not binding on Labour Court. DECISION MAHMOOD AHMAD SOOFI (CHAIRMAN).--This case was received back on the date 16-6-1970 from .the now defunct West Pakistan Labour Appellate Tribunal, Karachi (Camp Lahore) on the basis of appellate order of remand passed by Mr. Inamullah Khan, the then West Pakistan Labour Appellate Tribunal, on the date 9-5-1970. By that order Mr. Inamullah Khan accepted the appeal of the present petitioner, i.e., The Road Transport Corporation Employees' Union (Regd.) Friends Hotel, Dera Adda, Multan, against the order of this Labour Court dated 12-2-1970. The text of the impugned order of this Labour Court was worded as follows :- "This application is accompanied by a certificate of failure of conciliation proceedings issued to the parties by the Conciliation Officer under section 6(7) of the West Pakistan Industrial Disputes Ordinance, 1968. It is not maintainable in this Court inasmuch as the procedure prescribed in section 32 of the recently promulgated Industrial Relations Ordinance, 1969 read with the provisions of subsection (2) of section 67 of the current Ordinance, is quite different from the procedure enjoyed by the above-mentioned Ordinance of 1968. A Labour Court now has no lawful jurisdiction for adjudicating and determining a dispute of this nature unless such a dispute has been referred to it by the Provincial Government under subsection (2) of section 32 of the Industrial Relations Ordin ance, 1969. For the above-mentioned reasons this application is, dismissed." The relevant portion of the West Pakistan Labour Appellate Tribunal's order dated 9-5-1970 was as follows :-- "The impugned order was pasted on an application for determination of certain Industrial disputes under the provisions of tae Industrial Disputes Ordinance; 1959, and that of the West. Pakistan Industrial Disputes Ordinance, 1968. The learned…
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