Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- ----S. 1(3)-Application of Ordinance-Establishment of Malir Dairy Farm, connected with Defence Services of Pakistan-Ordinance not applicable to such Establishment and jurisdiction of Labour Court barred. Re : M. Ali Zaman v. Muhammad Shafi Bhatti, Manager, Military Dairy Farm, Malir Cantt., Karachi Appeal No. KAR-25 of 1977 ref. (b) Industrial dispute--- ----Jurisdiction of Labour Court-Order of Labour Court passed without jurisdiction-Principle of res judicata not applicable with regard to such order. (e) Industrial Relations Ordinance (XXIII of 1969)-- -. S. 38 read with Ss. 1(3), 25-A & 34-Point regarding application of Ordinance disposed of by Junior Labour Court and confirmed by Labour Court--Held, can be reagitated before Tribunal. Krishnan Nair v. Ramchandra Vithal Sanghavi A I R 1956 Bom. 268 ref. (d) Industrial dispute- ----Jurisdiction of Labour Court-Fact that Management failed, to prove that Court had no jurisdiction in matter-Cannot confer such jurisdiction on Labour Court. Muhammad Jamiruddin Ahmed and others v. Muhammad Nurul Islam and another P L D 1967 Dacca 441 ref. N.I. Mehdi for Appellant. Muzaffar Ali for Respondent. Date of hearing; 27th January 1977. . DECISION This is an appeal against the order of the Labour Court dismissing the application of the appellant made under section 25-A, Industrial Relations Ordinance on the ground of non-maintainability. 2. The appellant was in the permanent employment of the Military Dairy Farm, Malir-Cants., Karachi and was working as Store Keeper. He was charge-sheeted as he had left his duty one hour earlier than the scheduled time. He submitted an explanation but he was removed from service. His representation to the higher authorities proved futile. He, therefore, approached the Junior Labour Court after serving the grievance notice. An objection was taken on behalf of the respondent that Labour Laws were not applicable to the Military Dairy, Farm and the matter was still pending before the Military Officers for adjudication. The learned Presiding Officer of the Junior Labour Court rejected the contention raised on behalf of the respondent and…

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