Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---- ---S.25-A--Grievance petition--Jurisdiction--Labour Court has no jurisdiction to adjudicate upon grievance petition where employment is governed by Pakistan Essential Services (Maintenance) Act of 1952. Aqeel Ahmad Ansari v. P.I.A. Corporation and 2 others 1982 PLC 1023 overruled. 1983 P L C 16 and Abdur Rehman v. Messrs Esso Eastern Inc. Appeal No. KAR-157 of 1983 rel. Khadim Hussain for Applicant. Abdul Hafiz Khan for Respondent. ORDER These are the three grievance petitions under section 25-A of the I.R.O., 1969 filed by the petitioners who are working as Chowkidar, Fork Lift-operator and Bearer in the Organization. 2. Briefly the facts giving rise to these grievances are that they had been working in the Organization since November, 1981 and about October, 1979, respectively. They continued to serve the respondents to the utmost satisfaction of their superiors. It is alleged by the petitioners that their services were suddenly terminated on 20-3-1983 by one and the same order Annexure 1/A. The petitioners then served the respondents with grievance notices under section 25-A of the I.R.O., , 1969 on 25-5-1983, 13-6-1983, 13-6-1983, respectively. These notices!, were replied to by the G.M. of the respondent-Organization. Finding no satisfactory result the petitioners have approached this Court by way of these grievance petitions on 6-8-1983, 25-8-1983 and 25-8-1983; respectively. 3. The respondent right at the outset have challenged the jurisdiction of this Court to adjudicate upon these petitions and have filed such legal objections on 15-9-1983. It has been reiterated in the objections filed that in view of a settled position of law the services of the respondent-Organization are under Essential Services (Maintenance) Act, 1952 hence this Court cannot adjudicate the matters therefore the petitions are not maintainable at law and liable to be dismissed. 4. I have heard the learned counsel for the respective parties and perused the record. I have also perused the notifications issued by the Federal Government dated 2-9-1982 and 8-3-1983 and other documents filed by the respondents. 5. In view of these…

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