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Appeal No. HYD-127 of 1970, decided on 12th 'September 1970.
and West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-Public Works Department Manual containing rules governing workmen of Department, notwith standing such rules being statutory--Does not exclude application of West Pakistan. Industrial Disputes Ordinance; 1968-Such miles exclude application of only West Pakistan Industrial and Commer cial Employment (Standing Orders) Ordinance, 1968--Provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance-Not applicable industrial and commercial establishments carried on by or under authority of Provincial Government-Such statutory rules governing workmen in industrial land commercial establishment run by Provincial Government cannot exclude jurisdiction of Labour Court-Labour Court, -held, compe tent to adjudicate and determine industrial dispute in such estab lishments.
A. Majeed for Appellant.
Ghayasuddin Farooqi, Superintending Engineer and Khan Mohammad A. Pario, Executive Engineer for Respondent No. 2.
Date of hearing: 3rd September 1970.
After careful and anxious consideration, I have come to the conclusion that the Irrigation Department Workshop, Jamshoro; reasons to be given later on, is an Industrial Establishment within the meaning of the West Pakistan Industrial Disputes Ordinance, 1968, and that even if public Works Department Manual containing Rules governing the workmen of Jamshoro Workshop are Statutory Rules, it will only exclude the application of the West Pakistan Industrial and Commercial Employment (Standing Orders). Ordinance, 1963 and not the application of the West Pakistan. Industrial Disputes, Ordinance, 1968. Wherever, Statutory Rules exist is respect of Industrial and Commercial Establishment carried on by or, under the' authority of the Provincial Government, the Standing Orders will not apply. There is a difference between the Standing Orders and the Indus trial Disputes Ordinance. By the former, the Government though fit to regulate, in respect of certain matters, conditions o service of workmen in Industrial Organizations, while under the latter power has been conferred on Industrial Courts to adjudicat upon industrial disputes. The Court's power under the Industrial Disputes Ordinance to adjudicate and determine industrial disputes is very wide and extensive to resolve industrial dispute and restore peace.
2. The industrial dispute arose in 1968. -It would not now be proper to send back the case for adjudication: by the Industrial Court. Several hundred industrial disputes are pending adjudication before the Labour Court. The Labour Court would not be in a position to give priority to this case. I have, therefore, decided to dispose of the industrial dispute myself, having the same power as the Industrial Court, as soon as possible.
3. Mr. A. Majeed, the learned Representative for the appellant, has dropped Demand No. 2, relating to the application of Factories Act to the Workshop. He is directed to file affidavits in respect of the other three demands. The affidavits should be concise and to the point. He must hand over a copy of the affidavit t or affidavits 'to the other side, who' can file rejoinder if they so desire.
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