Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 25-A & 38(3)---Pakistan Essential Services (Maintenance) Act (LIII of 1952), S. 7(5)---Grievance petition against termination of service--­Establishment covered by Pakistan Essential Services ((Maintenance) Act, 1952---Matter, held, was within jurisdiction of Authority under S. 7(5) of said Act and Labour Court had no jurisdiction therein. PLD 1982 SC 103 ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 25-A & 36---Practice and procedure---Jurisdiction of Labour Court challenged---Labour Court bound to record findings on point of jurisdiction before deciding case. A. Rashid Malik for Appellant. Abdul Khaliq for Respondent. Date of hearing: 3rd June, 1986. JUDGMENT The decision dated 3-3-1986 recorded by the learned Presiding Officer, Punjab Labour Court No. 9 Multan has been challenged, whereby the respondent has been directed to be reinstated in service with back benefits. 2. The respondent was bill supervisor in Grade-16. His services were terminated on 6-1-1980 by way of screening him out. The respondent went to the N.I.R.C. but the petition was not allowed on the ground of lack of jurisdiction following PLD 1982 SC 103. In the written statement it was pleaded that the Pakistan Essential Services (Maintenance) Act, 1952 (hereinafter mentioned as the Act) was applicable, therefore, the Labour Court had no jurisdiction. The learned lower Court has held that in the absence of any forum, the respondent logically had no alternative but to have recourse to the Labour Court. The learned lower Court has also held that the Act has not provided any forum to entertain the grievance petitions for reinstatement, therefore, the Labour Court had jurisdiction. These finding, are against the observations made by the Supreme Court in PLD 1982 SC 103. The case from which the said authority arose was of dismissal and the prayer was for reinstatement, but the Supreme Court held that the forum was as provided in section 7(5) of the Act. Sindh High Court has, following the said ruling of the Supreme Court, held so. Learned counsel for the respondent has argued that no such notification has been…

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