Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S. 1(4)--Industrial Relations Ordinance (XXITI of 1969), S. 25-A--Petitioner employed by establishment on terms and conditions of service contained in Ordinance VI of 1903--Petitioner was subsequently charge-sheeted under the visions of Ordinance VI of 1968 and dismissed after enquiry--Petitioner's grievance petition against his dismissal was dismissed by Labour Court as also by Labour Appellate Court on the plea of "establishment" that provisions of the ordinance were not applicable in respect of Petitioner----petitioner pleaded estoppel against establishment, that having recourse to the provisions of ordinance at the time of his appointment and subsequently at the time of his dismissal establishment was estopped to claim inapplicability of the provisions s of the Ordinance VI of 1968--No estoppel against law can be pleaded here provisions of Standing Orders were made applicable as a part of the terms of contract and if any of them had been breached by the establishment, it might constitute a breach of contract entitling the petitioner to claim damages. (b) Estoppel---- ---No estoppel against law, to be set up or claimed. (c) Industrial Relations Ordinance (XXIII of 1969)----- ---S. 25-A--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 1(4)--Constitution of Pakistan (1973), Art. 199--Constitutional jurisdiction, exercise of--Grievance application under S. 25-A of Industrial Relations Ordinance was competent only when a workman files an application for enforcement of any right guaranteed/secured to him by or under any law or any award or settlement for the time being in force--In order to decide whether grievance application was competent definition of "workman" and "establishment" given in the Ordinance XXIII of 1969 are to be pressed into service--Two competent forums having taken the view that provisions of Standing Orders Ordinance VI of 1968 were not applicable to `establishment', unless said view was found to be in violation of some provision of law, mere fact that the view might be erroneous, would not warrant…

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