Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)----- -- S. 25-A read with Limitation Act (IX of 1908), S. 5--Petition to Labour 'Court-Dependent upon valid grievance notice to employer-Objection of maintainability-To be decided before entering into merits-Notice served not within prescribed limitation of tow months but after inordinate delay of one year-Not a valid notice--Objection raised--Service of notice precedes invocation of ,jurisdiction of Labour Court -Benefit of S. 5 of Limitation Act, 1908, held, could not be availed to cure initial defect-Labour Court, in circumstances, held, should have dilated upon with specific findings on preliminary objection of maintainability before entering into merits of petition. (b) Industrial Relations Ordinance (XXXIII of 1969)- --- S. 1 (4)-Applicability---Ordinance a combination of pro­cedural as well as substantive law--Amendment as to applicability-­Not affecting vested right-Procedural--Can be made retros­pectively-Amending Ordinance ousting Pakistan Television Corporation from ambit of Ordinance issued on 8th April, 1978 and made effective from 16th February, 1978--Not exception able. (c) Industrial Relations Ordinance (XXIII of 1969)- ---S. 25-A read with Pakistan Essential Services (Maintenance) Act (LIII of 1952), S. 3-Services of Establishment declared as essential service-Regulations governing terms and conditions of service framed by specified authority--Remedy against termination of service-Available not before Labour Court but before specified authority under Pakistan Essential Services (Maintenance) Act, 1952--Contention that in matter pertaining to dismissal from service jurisdiction of Labour Court still intact rejected. Tasneemur Rehman v. Resident Engineer, WAPDA, Lahore 1978 P L C 101 distinguished. General Manager, Heavy Mechanical Complex Taxila v. Mr. Mamoon A. Kazi, Senior Member, NIRC, Islamabad P L D 1977 Lab. 998 ref. General Manager, Heavy Mechanical Complex Taxila v. Mr. Bashir Ahmed Malik, Member, NIRC P L D 1977 Lah. 982 rel. Mohammad Aslam Chishti for Appellants. Abdul Rashid Khan for Respondent. Date of hearing: 27thMay, 1977. JUDGMENT The respondent was employed with the appellant…

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