Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S.35--Territorial jurisdiction of Labour Court--Litigant cannot apply to Court of his choice--Labour Court having jurisdiction lying vacant-­ Proceedings instituted directly before other Labour Court, held, were of no legal effect--Proper course, in circumstances, was to approach Court having jurisdiction and to file separate application to Appellate Tribunal for transfer of application to other Labour Court. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.34, 45, 25-A & 38(3)--Illegal lock-out--Strike--Dismissal for misconduct--Workers (office-bearers of union) dismissed for misconduct after proper domestic enquiry--Workers' Union challenging such dismissal contending same as illegal lock-out in application before Labour Court under S.45--No separate application under S.34 filed by union alleging a lock-out curing pendency of industrial dispute-­Application of management under S.34 pertaining to strike allegedly resorted to by union already pending before Labour Court--Such application of management, held, had nothing to do with allegation of lock-out as raised by union and application of union under S.45 was not maintainable in absence of any application by union under S.34 against alleged lock-out and union could not rely upon application of management under S.34--Question whether or not dismissal of workers was proper and legal, could be determined in proceedings under S.25-A and not. in application under S.45 which involves summary proceedings without recording evidence--Labour Court could not come to conclusion that dismissal from service constituted illegal lock-out without recording evidence of parties--Order of Labour Court passed on application of union under S.45 directing for lifting lock-out in respect cf such dismissed workers and for their re-instatement was set aside in revision by Appellate Tribunal with remarks that proper forum for redressal of grievance of dismissed workers was proceedings under S.25-A. 1971 P L C 1; 1968 S C M R 534; 1975 P L C 32; 1970 PLC 761; 1970 P L C 1; 1975 P L C 876 and 1962 P L C 267 rel. 1974 P L C 194; 1982 S C M R 651 and P L D 1958 S C…

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