Law:

Section:

(a) Pakistan Essential Services (Maintenance) Act (LI1I of 1952)-5. 6(1)-Words and phrases-Word "regulate" in S. 6(1)-Meaning.-[Words and phrases]. In Chambers Twentieth Century Dictionary at page 1138 the word "regu­late" is defined to mean, "to control, to adapt, or to adjust by rule'". It is synonymous with the word "control" or "govern". Accordingly, in ordinary parlance -it implies the right to prescribe and enforce all such proper and reasonable rules as may be deemed necessary and wholesome in conducting an avocation in a proper and orderly manner. (b) Pakistan Essential Services (Maintenance) Act (LIII of 1952)- -- S. 6(1) (2) and Pakistan Essential Services (Maintenance) Rules, 1962, r. 3(1)-Specified authority-Power to adjudicate-Section 6(1) of Act L1II of by 1952 allowing Central Government to empower specified authority to make rules regulating wages and other conditions of service does not convey power to adjudicate-Nor can r. 3(1) of 1962 Rules be construed to include within its ambit power to adjudicate a dispute between employer and employee since it could not travel beyond, scope of S. 6 of Act LIII of 1952.-[Interpretation of statutes]. (c) Pakistan Essential Services (Maintenance) Act (LIII of 1952)- -- - Ss. 5 & 6(2) -Words and phrases-Word "regulate" in S. 6(1)-Can neither be so construed as to include adjudication of a dispute by specifi­ed authority nor as providing a forum in contravention of provision of Ss. 5 & 6(2) of Act.-[Words and phrases]. Pakistan Electrical and Mechanical Constructors Limited v. The Chairman N. I. R. C. and another Constitutional Petition No. 146 of 1980 approved .General Manager, Heavy Mechanical Complex, Taxila v. Mr. Mamoon A. Qazt, Senior Member, N. I. R. C., Islamabad P L D 1977 Lah. 998 and Messrs Indus River Contractors, Tarbela v. Mr. Aziz: Ahmad, Member, N. I. R. C. and another P L D 1980 Pesh. 216 not approved. (d) Pakistan Essential Services (Maintenance) Act (LIII of 1952)- n Ss. 5, 6 & 7 read with Pakistan Essential Services (Maintenance) Rules, 1962, r. 3(2)(d)-Termination of services-Remedy-Section 5 deals as it does with cessation of employment either at behest of employer or…

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