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EAST PAKISTAN GOVERNMENT SETTLEMENTPRESS EMPLOYEES\' UNION versus GOVERNMENT OF EAST PAKISTAN


Industrial Relations Ordinance 1969 Section 43 Employees of the Settlement Presses of the Government of East Pakistan who are employed in the administration of the State are not subject to the provisions of the Ordinance and, therefore, cannot apply for jurisdiction of the Labor Court.

1970 P L C 841

[Labour Court East Pakistan]

Present: Md. Nurul Islam Khan, Chairman, S. A. Haleem and

M. Karim, Members

EAST PAKISTAN GOVERNMENT SETTLEMENT

PRESS EMPLOYEES' UNION

Versus

GOVERNMENT OF EAST PAKISTAN

Industrial Relations Case No: 7 of 1970, decided, on 27th June 1970.

Industrial Relations Ordinance (XXIII of 1969),

---S. 43-‑Employees of East Pakistan Government Settlement Press‑Persons employed in the administration of State‑Not covered by provisions of Ordinance and hence cannot invoke jurisdiction of Labour Court.

ORDER

MD. NURUL ISLAM KHAN (CHAIRMAN).

Heard both the parties presence of both the Members on a preliminary point of maintain ability of the case.

The second party who is ‑the Government of East Pakistan represented by the Director of Land Records and Survey, submitted that the first party, the East Pakistan Government Settlement Press Employees is not covered by the Industrial Relations Ordinance, 1969, according to section 1 (3) which reads as follows

"(3) It shall not apply to any person employed in the Police or any of the Defence Services‑of Pakistan and any services or installations connected with or incidental to the Armed Forces of Pakistan including an ordnance factory maintained by the Central Government; ' or to any person employed in the administration of the State other than those employed as workmen by the Railways, Posts, Telegraph and Telephone Departments."

It is submitted that the said persons employed in the East Pakistan Government Settlement Press is under the admi nistration of the State and, therefore, the Industrial Relations Ordinance, 1969, would not be applicable .in this case. As such, the first party cannot invoke the jurisdiction of the Industrial Relations Ordinance, 1969.

As against this point, the learned Advocate for the first party had nothing to submit except to say that in the pre vious Act that is, the defunct East Pakistan Labour Disputes Act, 1965, even the East Pakistan Government Press people could seek remedy in the Industrial Court. On hearing both the parties it appears that we have no necessity of labouring on this score of the jurisdiction of the defunct East Pakistan Labour Disputes Act, 1965, as the Industrial Relations Ordi nance, 1969, is quite clear in the matter. The press workers of the East Pakistan Government Settlement Pros are persons employed in the administration of the State. They are government servants and as such, they are governed by different Government Rules. They cannot invoke the jurisdiction of the Labour Court established under the I. R. O., 1969. As such, it appears that the case is not maintainable under the present Ordinance.

Hence the case is dismissed‑on contest on the ground of non-maintainability.

The learned members on consultation agree with my above decision.

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