Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969) -- Ss. 25-A & 36-D-Limitation-Junior Labour Court found to have acted without jurisdiction in regard to point of limitation-Decision of Junior Labour Court on such point can be ignored by Labour Court at stage of appeal. Muhammad Saleh and others v. Messrs United Grain & Fodder Agency P L D 1964 S C 97 ref . (b) Industrial Relations Ordinance (XXIII of 1969) -- S. 1(3)--Application of Ordinance-Army Stud Farm-Function of such Farm to produce horses and mules for Pakistan Army-Held, can be regarded as "incidental to maintenance of Pakistan Army ­Provisions of Ordinance not applicable to such establishment. Pakistan Red Cross Society v. Abdul Razzak 1974 P L C Note 10 at p 5 and Ch. H. Maar1J v. Pakistan Red-Cross Society 1974 P L C Note 49 at p. 27 ref. Capt. A. D. Baluch, Legal Adviser for Appellant. Ch. Muhammad Hussain Jehanta for Respondent. DECISION The above-cited cross appeals have been filed one by Din Muhammad, Tube-Well Operator, hereinafter mentioned as the appellant employee and the other by the General Manager, Army Stud Farm, Probeenabad, Tehsil Depalpur, District Sahiwal, hereinafter mentioned as the appellant establish­ment, against the order of the learned Junior Labour Court. Multan, dated 28th December, 1974, whereby, the appellant employee was directed to be re-instated in service with further direction that the period of his non. employment would be treated as leave without pay. The appellant establish­ment has brought the appeal against the direction of re-instatement while the other party has come up in appeal on being aggrieved of the observation in the impugned order that the intervening period of his non-employment would be taken as leave without pay t. e. he would not be entitled to the back benefits of his service. The present order will dispose of both the appeals. A preliminary objection was raised on behalf of the appellant employee that the appeal is time-barred while from the other side it is maintained that the impugned order was passed in the absence of the appellant establishment on 28th December, 1974 when the actual date of hearing was fixed for 27th December, 1974.…

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