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Industrial Relations Ordinance (XXIII of 1969)--- ---S. 25-A--Pakistan- Essential Services (Maintenance) .Act (LIII of 1952;, Ss. 5 & 7--Grievance petition--Dismissal from service--Service of petitioner worker coming under purview of Act LIII of 1952--Remedy for dismissal of petitioner, allegedly without reasonable cause, held, could be had by resort to Ss. 5 & 7 of Act LIII of 1952 and Labour Court had no jurisdiction in the matter. 1980 P L C 752; 1979 P L C 25; 1982 P L C 1023, P L D 1982 Kar. 33; 1983 P L C 16; P L D 1982 S C 113; P L D 1983 Lah. 161; 1983 P L C 1244 and P L D 1982 Kar. 465 rel. 1982 P L C 1023; P L D 1982 Kar. 33 and 1983 P L C 16 ref. Muhammad Junaid Farooqui for Petitioner. Fateh Ali W. Vellani for Respondents. M.L. Shahani: Amicus curiae. Dates of hearing: 12th, 13th and 19th March, 1986. JUDGMENT MUHAMMAD ZAHOORUL HAQ, J.--This petition is directed against the orders passed by Labour Court dated 3-4-1983 and of Appellate Labour Tribunal dated 30-10-1983, whereby the request of the petitioner for re-instatement to his post of Assistant was declined on the ground that Pakistan Essential Services (Maintenance) Act LIII of 1952 had been made applicable to respondent. 2. The relevant facts are that the petitioner was employed with respondent No.l. His services were terminated on 12-10-1982. He served notice without any success and thereafter filed application under section 25(A) of the I.R.O. of 1969. The respondent No.1 resisted the same on the ground that provisions of Pakistan Essential Services (Maintenance) Act of 1952 had been made applicable to them and hence Labour Court had no jurisdiction in the matter. The Labour Court upheld that objection and dismissed the application. The appeal filed by the petitioner met the same fate and hence this petition. 3. Mr. Junaid Farooqui, learned counsel for the petitioner submitted that the respondent No. 2, had failed to exercise their jurisdiction in the matter and that since the petitioner had sought re-instatement to his post and there was no other forum except that of the Labour Court which could provide that relief to him under section 25(A) of I.R.O. of 1969 read with the…

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