Law:

Section:

Sind Seed Corporation Act (11 of 1976)-- ---Industrial Relations Ordinance (XXIII of 1969), Ss. 1(3)(b), 25-A, 36(2) & 47(2)--Sind Seed Corporation, a statutory corporation being run under authority and control of Provincial Government--Workmen employed by Corporation cannot be said to be working in administration of the State--Such workman not excluded from ambit of Industrial Relations Ordinance, 1969--Pendency of industrial dispute admitted--Workmen admittedly office-bearers of Trade Union punished for alleged misconduct without permission of Labour Court--Labour Court, in circumstances, held, rightly accepted grievance petition and set aside impugned penalty orders. DECISION I propose to dispose of these two appeals by one decision as the facts and points of law involved in both the appeals are similar. 2. In Appeal No. HYD-152 of 1988 the respondent No. 1 was removed from service by the appellant while in Appeal No. 153 of 1988 the respondent No. 1 was awarded major penalty of withholding of two increments. Both the respondents challenged the above order by filing grievance applications before the Labour Court on the ground that as industrial dispute was pending between the appellants and the workers union the appellant could not have passed the abovesaid impugned orders without prior permission of the Labour Court under section 47(2) of I.R.O. 3. The appellant resisted both the grievance applications on the ground that the Industrial Relations Ordinance was not applicable to the workmen working under the appellant and as such the grievance applications were not maintainable. 4. The learned Labour Court No. VI at Hyderabad allowed the grievance Petition No. 161 of 1980 which is subject-matter of Appeal No. HYD-152 of 1988 on 5-4-19KR and ordered reinstatement of respondent No. 1 in the said appeal with back benefits. He also allowed the grievance Petition No. 263 of 1987 which is subject-matter of Appeal No. 153 of 1988 and set aside the impugned order withholding two increments of respondent No. 1 in the said appeal with consequential benefits as prayed in the grievance application. 5. I have heard Mr. Abdul Latif Malik, Advocate for the appellants in…

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