Law:

Section:

Pakistan Essentical Services (Maintenance) Act (LIII of 1952)--- -----Ss. 3& 7 read with Constitution of Pakistan, (1973), Fourth Sched., Part II, Item 3-Karachi Electric Supply Corporation engaged in generation, transmission, distribution and supply of electricity-­Requisite notification applying provisions of Act to all classes of such employment in force-Provisions of Act, held, applicable to, employees of Karachi Electric Supply Corporation-Provisions, held, attracted not only to strike, lock-out or voluntary cessation of service but to all types of discontinuance of service including discharge, dismissal and termination simpliciter-Such matter, held, not within jurisdiction of Labour Court-Industrial Relations Ordinance (XXIII of 1969), S. 25-A. K. E. S. C. Ltd. v. N. 1. R. C.' and another P L D 1982 S C 113 and Pakistan Steel Mills Corporation v. Fateullah Fahim 1980 P L C 344 rel. Khuda Bux v. Pakistan Steel Mills Corporation C. P. Nos. 636 and 1755 of 1980 (unreported) rel. Abdul Majeed for Appellant. Date of hearing : 16th March 1983. DECISION The appellant, who was employed as a supervisor in the Construction Department of the Karachi Electric Supply Corporation Ltd. was dismissed from service by order, dated 25th July, 1981, on the ground of jointly with other workmen behaving in a disorderly and riotous manner by forcibly entering the office of the Operation Engineer, Mr. Ghulam Muhammad Khan, abusing him, assaulting him and passing derogatory remarks in respect of him. The dismissal orders are stated to be based on a domestic enquiry in which the misconduct of the appellant is said to have been fully established. The appellant challenged the orders of his dismissal before the learned Fifth Labour Court which has dismissed his grievance petition on the ground that as the provisions of the Pakistan Essential Services (Maintenance) Act, 1952, are appli­cable to the employment of the appellant, the Labour, Courts have no jurisdiction to deal with the same. In coming to this decision the learned Labour Court has place4 reliance upon the decision of their lordships of the Supreme Court reported as K. E. S. C. Ltd. v. N. 1. R. C. and another (P L D…

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