Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------Ss. 25-A, 35 & 36(2)---Termination of services---Rejection of grievance petition---Jurisdiction of Labour Court---Application of Civil Procedure Code to proceedings before Labour Courts---Limit and scope---Pending grievance petition of employees against termination of their services, employers filed interlocutory application under O. VII, R. 11 & S. 151, Civil Procedure Code praying that petitioners/employees being Federal Civil Servants and not workmen under Industrial Relations' Ordinance, 1969, their grievance petitions filed before Labour Court were not maintainable and should be rejected under O. VII, R. 11, Civil Procedure Code---Held, scope of S.36(2), Industrial Relations Ordinance, 1969 according to which Labour 'Court, for purpose of adjudicating and determining any industrial dispute, had been invested with certain powers of Civil Court, was very much limited---Labour Court/Appellate Tribunal were not invested with all powers of Civil Court, but only such of them as could be described as procedural as enumerated in Cls. (a), (b) & (c) of S. 36(2) of Industrial Relations Ordinance, 1969---In absence of any provisions according to which Labour Court was invested with powers of rejection of petition just as Civil Court was invested with powers of rejection of plaint under O. VII, R. 11, Civil Procedure Code, Labour Court had no authority to reject grievance petitions filed by employees---Points involved in grievance petitions having given rise to mixed issues of law and facts to the effect whether petitioners/employees were workmen or Federal Government servants, depended upon evidence oral and documentary---Issues involved in grievance petitions had to be settled and law had to be discussed before dismissal of such grievance petitions. Brooke Bond Pakistan Limited v. Second Sindh Labour Court, Karachi 1973 PLC 111 and National Bank of Pakistan Employees' Union v. Labour Appellate Tribunal 1983 PLC 1256 ref. Accounts Officer for Applicants. Shabbir Ahmed Awan for Respondents. Rana Mehmood, Representative for Respondents. Moosa Laghari for Respondents. Muhammad Hussain Daudani for…

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