Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) Ss. 25 A (8) & 38(3 a) Non compliance of decision or order of Labour Court Effect Jurisdiction of Labour Court Determination Jurisdiction of Labour Court under S.25 A(8) of Industrial Relations Ordinance, 1969 could be determined finally by Labour Appellate Tribunal after case was finally decided by Labour Court and an appeal /revision, if any, was filed before Labour Appellate Tribunal by aggrieved party. 1999 S C M R 197; PLD 1969 SC 167; 1986 SCMR 1994; 1977 SCMR 371 and PLD 1990 SC 951 ref. ORDER These are six revision applications under section 33(3 a) of the Industrial Relations Ordinance, 1969 against the order dated 3 8 1999, passed by the learned IVth Sindh Labour Court, Karachi. 2. Brief facts, relevant' for the purpose of these revisions are, that twenty eight employees filed applications under section 25 A of I.R.O., 1969, before the learned IVth Sindh Labour Court, Karachi. Out of twenty-eight, six have filed complaint under section 25 A(s) of I.R.O., 1969, for taking contempt proceeding for non compliance. All the counsel for the parties agreed that the orders on application under section 25 A, were all passed in 1996. Sometime after complaints under section 25-A(s) for non-compliance of the order as to the payment of back benefits, the Steel Mill has complied with the order of reinstatement except in one case, represented by Mr. Latif Saghar, before this Tribunal, because according to Miss Mahreen Nazar, learned counsel for the applicant, the learned lower Court had exceeded his jurisdiction of confirming the employee. An application was, however, filed under section 2 A of the Service Tribunals Act made applicable to the proceedings under I.R.O. and Labour Appellate Tribunal, that the Presiding Officer of the Labour Court had no jurisdiction to entertain the matter. Arguments were heard and the learned Presiding Officer passed the order dated 3 8 1999 whereby he dismissed the application holding that- "the amendment in question would have the retrospective effect and in case the cases are ordered to have abated, what would be the fate of the applicants/complainants, who are prosecuting and…

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