Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) - S. 25-A read with Civil Procedure Code (V of 1908), S. 9­Industrial dispute-Jurisdiction-Section 25-A of Ordinance, by implication, held, ousts jurisdiction of Civil Courts in respect of disputes determinable by Labour Courts. Messrs Chalna Fibre Company Limited, Khulna and 4 others v. Abdul Jabbar and 9 others P L D 1968 S C 381; Safiuddin Kazi v. Moslem Ali Howladar and others P L D 1960 Dacca 674; Mst. Hamida Begum v. Mst. Murad Begum and others P L D 1975 S C 624; Abdur Rehman Shah v. The West (Punjab) Province P L D 1975 Lah. 954; Pakistan (represented by the Secretary to the Government of Pakistan, Ministry of Rehabilitation Works, Islamabad) and another v. H. H. Ahmed 1971 S C M R 626; Muhammad Qasim v. Karachi Development Authority 1980 P L C 1097; Pakistan International Airlines Corporation and 5 others v. Muhammad Izharul Ahsan Qureshi P L D 1979 Kar. 640 and Municipal Committee, Jhang v. Muhammad Ramzan P L D 1978 Lah. 498 ref. Azam S. Suharwardy for Petitioners. Syed Muhammad Naqi for Respondents. Dates of hearing: 16th November 1981 and 17th May 1982. JUDGMENT The petitioners, Muhammad Saeed and others were serving as railway employees when they were dismissed from service. Order of their dis­missal was challenged by them by means of a civil suit which was dismissed by a Civil Judge on the ground that the suit could not be heard by a Civil Court. Judgment and decree of the learned trial Court were questioned by the petitioners by taking an appeal before Additional District Judge but without success. They have, therefore, come up in revision. 2. The petitioners have been non-suited on the ground that the matter in dispute could be determined by a Labour Court under sec­tion 25-A of the Industrial Relations Ordinance, 1969 hereinafter referred to as the said Ordinance, and since a special forum had been provided to redress the grievance voiced by the petitioners, its cognizance could not be taken by the Civil Courts. 3. Assailing the aforesaid view, it was contended by learned counsel for the petitioners that there was nothing in the said Ordinance ousting the jurisdiction of the Civil Courts and,…

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