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Miscellaneous Application No. 102 of 1970, in Industrial Dis pute No: 22 of 1966, decided on 14th November 1970.

[as amended by Industrial Relations (Amendment) Ordinance (XIX of 1970), S. 19(2)] read with Industrial Disputes Ordinance (L V1 of 1959), West Pakistan Industrial Disputes Rules, 1960, rr. 29 & 30 and West Pakistan Industrial Disputes Ordinance (IV of 1968), S. 46(2) - Labour Court - Constitution -- Expression "prescribed manner" used in S. 19(2) of Industrial Relations (Amendment) Ordinance, 1970-Means as prescribed under Rules-Rules 29 and 30 of West Pakistan Industrial Disputes Rules, 1960 framed under Industrial Disputes Ordinance, 1959-Still operative, notwithstand ing repeal of Industrial Disputes Ordinance, 1959, by virtue of Saving clauses contained in S. 46(2), West Pakistan 1rtdustrhl Dis putes Ordnance, 1968 and S. 67(b), Industrial Relations Ordinance, 1969-Labour Court constituted and Members appointed in manner prescribed under rr. 29 8c 30, West Pakistan Industrial Disputes Rules, 1960 even after promulgation of Industrial Relations (Amend ment) Ordinance, 1970, held, properly and validly constituted and appointed.

Petitioner has filed this application in the main Industrial Dispute pending in this Court, challenging the appointment of the two members of this Court. The learned representative for the petitioner contended that this Curt was not properly constituted inasmuch as that the Industrial Relations ordinance of 1969 was amended on 16-10-1970. It amended section 35 of the said Ordinance of 1969 and provided in its section 19(2) that a Labour Court shall consist of a Chairman appointed by the Provincial Government and two members to be appointed in the prescribed manner to advise the Chairman, one to represent the employers and the other to represent the workmen. He further argued that on 6-11-1970, vide Notification No. 3-91 (L-II)/6b, the Provincial Government appointed new members of this Court and that since the manner in which the members are to be appointed has not so far been prescribed, therefore, their appoint ment was illegal.

The learned counsel for the respondent has replied that since the word "prescribed" has been defined in section 2 (xix) of the Industrial Relations Ordinance of 1969 to mean prescribed by rules and that this definition has not been repealed by the amending Ordinance No. XIX of 16th October 1970. The expression "prescribed manner" used in section 19(2) of Ordi nance XIX of 1970 would mean as prescribed under the Rules. He further argued that though no rules were framed under the Industrial Disputes Ordinance of 1968 and the industrial A Relations Ordinance of 1969, nevertheless the rules framed under the Industrial Disputes Ordinance of 1959 were still in force because of the saving clause contained in section 46(2) of the West Pakistan Industrial Disputes Ordinance, 1968 which repealed the Industrial Dispute Ordinance of 1959 and again, the Industrial Relations Ordinance of 1969 by its section 67(b) while repealing the West Pakistan Industrial Disputes Ordinance, 1968, provided the saving clause. Both the saving clauses of the two enactments arc reproduced as follows:

Section 46, sub-clause (2) of the West Pakistan Industrial Disputes Ordinance, 1968 reads :-"(2) notwithstanding the repeal of the said Ordinance anything done, rules, notifications or orders issued, officers appointed, Courts constituted, notices given, references and applications to Courts made, proceedings commenced or other action taken under the said Ordinance shall be continued and be deemed to have been respectively done, issued, appointed, constituted, given made, commenced or taken under the Ordinance."

Section 67, sub-clause (b) of the Industrial Relations Ordinance, 1969, reads: -"(b) anything done, rules made, notification or order issued, officer appointed, Court constituted, notice, given, proceedings commenced or other actions taken under any law shall be deemed to have been done, made, issued, appointed, constituted, given, commenced or taken, as the case may, under the corresponding provision of this Ordinance to the extent consistency therewith.

I have considered the arguments of both sides and am of the view that the saving clauses as of both the aforementioned Ordinances of 1968 and 1969 have protected the rules framed under the Industrial Disputes Ordinance of 1959, under section 67B of the industrial Relations Ordinance of 1969, it has also been specifically mentioned that the section will not prejudice the provision of section 24 of the General Clauses Act of 1897 which reads as follows:

"24. Where any (Central Act) or Regulation is after the commencement of this Act, repealed and re-enacted with or without modification, then, unless it is otherwise expressly provided, any (appointment, notification), order scheme, rule, form or bye-law, (made or) issued under the repealed Act or Regulation, shall, so far as it is not in consist with the provisions re-enacted, unless and until it is superseded by (appointment, notification), order, scheme, rule, form of bye-law (made or) issued under the provisions so re-enacted and when any (Central Act) or Regulation, which, by a notification under section 5 or 5-A of the Scheduled Districts Act, 1874, or any like law, has been extended to any local area, has, by a subsequent notification, been withdrawn from and re- extended to such area or any part thereof, the provisions of such :pct or Regulation shall be deemed to have been repealed and re-enacted in such area or part within the meaning of this section."

Rule 29 of the West Pakistan Industrial Disputes Rules, 1960, reads:

"29. Selection of members of the Court.-(1) Government shall ask the representatives organisations of employees and workmen to nominate their representatives for appointment as members of the Court, arid shall appoint from the representatives so nominated, such persons as members who, in its opinion, enjoy the support of the majority of those they are required to represent and also are otherwise suitable for appointment as such members.

(2) Government shall maintain a panel of the persons nominated under sub-rule (1) and if any member of the Court dies, resigns, is removed or is otherwise disqualified under section 8, shall appoint a suitable person from such panel to be a member of the Court in place of the deceased or outgoing member, and the member so appointed shall hold office for the remaining period of the term of office of the deceased or outgoing member, as the case may be."

and Rules of the West Pakistan Indus trial Dispute Rules, 1960 reads.

"notification of appointment of the Chairman and the members of the Court. The frames of the Chairman and the member of the Court shall be notified in the official Gazette,"

Taking into account these two rules, the appointment of the two members shall be deemed to have been made in the prescribed manner, and there is no inconsistency with the provision of the amending Ordinance of 197'1 with regard to t the Constitution of this Court. Rules 29 and 30 as such are still in force till such time new rules are framed under the current Ordinance.

I therefore do not see any force in this application and dismiss the same. The main Industrial Dispute to come up for arguments on 21-12-1970.

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