Law:

Section:

Constitution of Pakistan (1973)--- Art. 185(3)-Industrial Relations Ordinance (XXIII of 1969), S. 25-A-Application under S. 25-A-Territorial jurisdiction of Labour Court-Objection as to territorial jurisdiction of Labour Court to entertain application raised by employer with inordinate delay in that it was neither raised in reply statement nor when proceedings commenced wherein employer contested claim of employee on merits and fully participated in proceedings by cross-examining employee and his wit­nesses and even by producing own evidence-Held, matter being ripe for decision, case not a suitable one, for deciding question raised before Supreme Court that proceedings started in Labour Court which allegedly did not have territorial jurisdiction to entertain them, are coram non judice--Order granting leave to appeal rescinded resulting dismissal of appeal automatically. Mamoon A. Kazi, Advocate Supreme Court and A. Aziz Khan, Advocate­-on-Record for Appellant. Ali Amjad, Advocate Supreme Court and M, S. Ghaury, Advocate-on­-Record for Respondent No. 2. Date of hearing: 22nd January, 1984. JUDGMENT NASIM HASAN SHAH. J.-The question involved in this appeal is whether the Labour Court No. IV, Karachi, could not entertain the appli­cation under section 25-A of the Industrial Relations Ordinance filed before it by respondent No. 2 on the ground that it did not have the territorial jurisdiction to do so and if so, whether the proceedings -before it are coram non judice? Respondent No. 2 was employed by the Sind Alkalis Limited (the appel­lant herein) and was working throughout in their factory situated at Landhi. He was ordered on 9-8-1980 to be transferred to the Head Office of the Company, which is situated at the State Life Building, I. I. Chundrigar Road. Karachi within the territorial jurisdiction of Labour Court No. V. Im­mediately thereafter he was ordered to be transferred to Lahore, which orders he allegedly avoided to comply with and was dismissed from service by the order of the Managing Director of the Company, dated 9th May, 1981. This order was challenged by him under section 25-A of the Industrial Rela­tions Ordinance before the Labour Court No. IV.…

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