Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 35, 36

Law: Civil Procedure Code (V of 1908)

Section: O. X1V

Industrial Relations Ordinance (XXIII of 1969), Ss. 35 & 36 read with Civil Procedure Code (V of 1908), O. X1V-Composition of Labour Court-Legality of Cannot be questioned before Labour Court. It is clear from even a cursory glance at section 36 of the industrial Relations Ordinance, 1969 and of Order XIV of the Civil Procedure Code, 1908 that no application the purpose of which is to challenge the legality of the composition of the establishment of Labour Court (an the ground that the appointment of the two members of the Court by the Provincial Government is illegal) can be addressed by any party to the Labour Court.   ORDER MAHMOOD AHMAD SOON (CHAIRMAN).-The petitioner, namely Mr. Nazir Ahmad Naz, is not present in the Court today on call. This application was filed by him on the date 7th November 197fl. He was present in the Court in person on 23rd November 1.970, when he advanced arguments in support of this application. The application purports to have been addressed to this Court under section 36 of the Industrial Relations Ordinance, 1969, read with Order XIV of the C. P. C. and through It the petitioner has questioned the legality of the Notification No. 3-91 (L-II)68; dated the 6th November, 1970 of the Labour Department of the Punjab Government by which Major Salah-ud-Din Gauhar and Mr. Fazal Elahi Qurban, were appointed as Member of the Punjab Labour Court, Central Zone, Lahore. The application has been examined by me carefully in the light of these provisions of the law. Section 36 of the Industrial Relations Ordinance, 1969, is worded as follows: - 36. Procedure and Powers of Labour Court.-(1) Subject to the provisions of this Ordinance, a Labour Court shall follow as nearly as possible summary, as prescribed under the Code of Criminal Procedure, 1898 (Act V of 1898). (2) A Labour Court shall, for the purpose of adjudicating and determining any industrial dispute, be deemed to be a Civil Court and shall have the same powers as are vested in such Court under the Code of Civil Procedure, 1908 (Act V of 1908) including the powers of- (a) enforcing the attendance of any person and examining him on oath ; (b) compelling the production of…