Law: West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)

Section: 18

Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 34

  (a) West Pakistan Industrial and commercial Employment (Standing Orders) Ordinance (VI of 1968). S. 18 read with Indus trial Relations Ordinance (XXIII of 1969), S. 34 [as amended by Industrial Relations (Amendment) Ordinance (XIX of 1970)] -Provisions of S. O. 18, West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968-Not repealed bi S. 34 of Industrial Relations Ordinance, 1970 [as amended by Indus trial Relations (Amendment) Ordinance, 1970]--Expression "ant law" used in S. 34, Industrial Relations Ordinance, 1969-Includes provisions of S. 18, West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. It was contended that section. 18, West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 had been repealed by section 34 of the Industrial Relations Ordinance, 1969 as amended by the Industrial Relations (Amendment) Ordinance, 1970. Held: In the provisions of section 34 of the Industrial Rela tions Ordinance, 1969, as amended by Industrial Relations Amendment Ordinance, 1970, an explicit reference has been made to the power of every Labour Court for enforcement of any right guaranteed or secured to any party by or under any law. The expression "any law" in this context cannot reasonably be cons trued to avert exclusively to the provisions of the Industrial Relations Ordinance, 1969 and to exclude all the provisions of Standing Order 18 of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. As a matter of fact the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, is a provincial Statute that has not been repealed in the least degree by any amending law enacted so far. (b) Industrial dispute-Jurisdiction-Labour Court-Does real extend to inquiries into purely constitutional questions. (c) West Pakistan Industrial and Commercial Employment (.Standing Orders) Ordinance (VI of 1968), S. 2(i)-"Workman" Accountant employed on monthly salary---Not a workman. An accountant who receives a monthly salary from any industrial or commercial establishment cannot be deemed to belong…