Law: Newspaper Employees (Conditions of Service) Act, 1973

Section: 12-A,13

Law: Constitution of Pakistan, 1973

Section: 199

Newspaper Employees (Conditions of Service) Act (LVIII of 1973)---   ----Ss.12-A 13---Constitution of Pakistan (1973), Art.199---Constitutional petition---Powers of the Tribunal---Respondent who, on his retirement, was paid Provident Fund calculated on the basis of his basic salary with the averment that he was entitled to get the provident fund calculated on the basis of his wages, approached the Tribunal constituted under S.12-A of the Newspaper Employees (Conditions of Service) Act, 1973---Despite objection that Tribunal had no jurisdiction in the matter, Tribunal concluded that it had the jurisdiction and decided the matter---Only question to be determined was whether the Tribunal had the power to pass impugned order---Tribunal had a very limited jurisdiction; it could exercise jurisdiction only with regard to the implementation of the decision of the Wage Board---If the claim of newspaper employee was based upon the provisions of S.4, 5, 6, 7 or 8 of the Newspaper Employees (Conditions of Service) Act, 1973 or the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 or any agreement or settlement or an award, other than an award of the Wage Board or upon rights guaranteed under any other law, the employee could invoke the jurisdiction of the Labour Court or the National Industrial Relations Commission---Jurisdiction of the Tribunal could only be invoked, if claim was based on the decision of the Wage Board---In the present case, the claim of respondent was based on the provision of S.5 of the Newspaper Employees (Conditions of Service) Act, 1973---Implementation Tribunal constituted under S.12-A of the Newspaper Employees (Conditions of Service) Act, 1973, had no jurisdiction in the matter---Respondent having retired was not covered by the definition of `worker within the meaning of S.25-A of Industrial Relations Ordinance; he had a remedy of filing a civil suit---Order passed by the Implementation Tribunal was declared to have been passed without lawful authority having no legal effect.  JUDGMENT MUHAMMAD MUNIR PERACHA, J.---Syed Muhammad Ilyas retired from the service of Associated Press of Pakistan Corporation…

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