Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)--Jurisdiction of Courts qua MLO-58--Punjab Urban Transport Corporation, an Establishment controlled by Federal Government hence within ambit of MLO-58 vide para. 4(a)--Enquiry by Federal Inspection Committee into system of checking buses made under directive of C.M.L.A., held, validly made under MLO-58--Federal Inspection Committee suggesting abolition of 80% posts of Senior Ticket Examiners and Ticket Examiners and to depute Magistrates for checking of Buses--Such suggestions approved by C.M.L.A. and conveyed to P.U.T.C.--Board of Directors deciding to abolish all posts of Senior Ticket Examiners and Ticket Examiners and to employ suitable persons for checking Teams--Labour Court while accepting grievance petitions of Ticket Examiners against resultant abolition of their posts and termination of service taking view that action taken under M.L.O. 58 could not be challenged in any Court but Board of Directors had not acted upon direction of Federal Inspection Committee as approved by C.M.L.A. inasmuch as no Magistrates and their staff had been engaged for checking work, hence such decision of Board was not according to and under M.L.O. 58--Held: Suggestion of Federal Inspection Committee as approved by C.M.L.A. that 80% posts of Examiners be abolished was independent of second suggestion for deputing Magistrates as such it would not mean that first part of the suggestion could not be acted upon and if acted upon could not be denied to have been done under M.L.O. 58; if without intervention of F.C. and C.M.L.A. Board of Directors had directed abolition of all posts of Examiners then such decision could have been challenged before Labour Court; once it was said that action had been taken under M.L.O. 58 then by virtue of its para 15 jurisdiction of Courts and Tribunals was expressly barred to the extent that action was taken under that Order and termination of posts and services if and when actually exceeded 80% as per direction of C.M.L.A. could be said in excess of Order/action under M.L.O. 58 and cause of grievance at that time may arise to only those who may be hit by abolition of…

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