Law:

Section:

(a) Pakistan Essential Services (Maintenance) Act (LIII of 1952)- -- Ss. 5(i) and (ii) & 7(5), Industrial Relations Ordinance (XXIII of 1969), S. 25-A-Termination of service-Establishment declared as essential service-Remedial forum - Authority under S. 7(5) of Pakistan Essential Services (Maintenance) Act, 1952 viz. a Magistrate 1st Class--Labour Court has no jurisdiction. P L D 1982 S C 113 rel. (b) Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 37 & 38-Appeal-Production of evidence-Notification--­Can be produced at any stage-Grievance petition before Labour Court sought to be not within jurisdiction of Labour Court on grounds that establishment covered by Pakistan Essential Services (Maintenance) Act, 1952-Photo copy. of- Notification produced not relied by Labour Court and grievance petition accepted--­Original notification produced in appeal-Appellate Tribunal relying upon such notification and accepting appeal_ setting aside .order of Labour Court as without jurisdiction. P L D1982 S C 113 rel Anees Jillani for Appellant. Nemo for Respondent. . Date of hearing : 30th October, 1984. JUDGMENT The titled appeal challenges the correctness of the decision, dated 28th April, 1984 recorded by the learned Presiding Officer, Punjab Labour Court No. 2, Lahore, whereby the respondent was directed to be reinstated in service without passing any order with regard to back benefits.- 2. Question of jurisdiction was raised before the learned lower Court but not relying upon the photostat of the notifications it has been held that the Labour Court is competent to decide the dispute. The services of the respondent were terminated on 31st May, 1982 so it is to be seen if right from the said date till the decision of the case the Pakistan Essential Services (Maintenance) Act, 1952 remained applicable to the appellant. The appellant has placed before me the original notifications published in the Government Gazette. The first notification is dated 27th April,…

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