Law:

Section:

Pakistan Essential Services (Maintenance) Act (LIII of 1952)--- --Ss. 3 & 7-A read with Martial Law Regulation, 1978 [C.M.L.A.'s] No. 52 (dated 15th August, 1981), paras. 1 & 10-Para. I of Martial Law Regulation 52-Effect-Requirement of issuance of notification under S. 3 of Pakistan Essential Services (Maintenance). Act, 1952 done away with-Provisions of Pakistan Essential Services (Maintenance) Act, 1952 made applicable by para. 10 of Martial Law Regulation 52 to Pakistan International Airlines Corporation­ Contention that there was inconsistency in paras. 1 & 10 of Martial Law Regulation 52 rejected---Remedy against termination of services of workman of Pakistan International Airlines Corporation­ Form-Authority under the Act ibid-Labour Court, held, has no jurisdiction to entertain and adjudicate upon grievance petition of such employee-Industrial Relations Ordinance (XX11I of 1969), S. 25. K. E. S. C. Ltd. v. N. 1. It. C. and another, P L D 1982 S C 113 ; Khuda Bux v. Pakistan Steel Mills Corporation 1983 P L C 16 and Syed Ziaul Hassan v. Managing Director, P. 1. A. C. and 2 others 1983 P L C 308 rel. M. L. Shahani for Appellant. Abdul Hafeez for Respondents. Date of hearing : 25th October, 1983. ORDER This appeal is directed against the order, dated 4th June, 1983, passed by the Sind Labour Court No. 1V, Karachi, dismissing the application of the appellant filed under section 25-A, I. R. O., 1969. 2. The brief facts leading to the appeal are that the appellant was employed as a Driver in the Establishment of the respondents. He remained absent from duty, was charge-sheeted and ultimately dismissed from service vide order, dated 24th January, 1983. He served the grievance notice on the respondent and his grievance having not been redressed, he filed an application under section 25-A, I. R. O., before the learned Labour Court. His application was dismissed on a short ground that by paragraph 10 of Martial Law Regulation 52, which was published in the Gazette of Pakistan (Extraordinary), dated 15th August, 1981, the provisions of the Pakistan Essential Services (Maintenance) Act, 1952, having made applicable to all the employees of the P. I. A.…

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