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Application No. 376 of 1970, decided on 11th December 1970.

read with Civil Procedure Code (V of 1908), O. X1V-Composition of Labour Court-Legality of Cannot be questioned before Labour Court.

It is clear from even a cursory glance at section 36 of the industrial Relations Ordinance, 1969 and of Order XIV of the Civil Procedure Code, 1908 that no application the purpose of which is to challenge the legality of the composition of the establishment of Labour Court (an the ground that the appointment of the two members of the Court by the Provincial Government is illegal) can be addressed by any party to the Labour Court.

.-The petitioner, namely Mr. Nazir Ahmad Naz, is not present in the Court today on call. This application was filed by him on the date 7th November 197fl. He was present in the Court in person on 23rd November 1.970, when he advanced arguments in support of this application. The application purports to have been addressed to this Court under section 36 of the Industrial Relations Ordinance, 1969, read with Order XIV of the C. P. C. and through It the petitioner has questioned the legality of the Notification No. 3-91 (L-II)68; dated the 6th November, 1970 of the Labour Department of the Punjab Government by which Major Salah-ud-Din Gauhar and Mr. Fazal Elahi Qurban, were appointed as Member of the Punjab Labour Court, Central Zone, Lahore. The application has been examined by me carefully in the light of these provisions of the law. Section 36 of the Industrial Relations Ordinance, 1969, is worded as follows: -

36. Procedure and Powers of Labour Court.-(1) Subject to the provisions of this Ordinance, a Labour Court shall follow as nearly as possible summary, as prescribed under the Code of Criminal Procedure, 1898 (Act V of 1898).

(2) A Labour Court shall, for the purpose of adjudicating and determining any industrial dispute, be deemed to be a Civil Court and shall have the same powers as are vested in such Court under the Code of Civil Procedure, 1908 (Act V of 1908) including the powers of-

(a) enforcing the attendance of any person and examining him on oath ;

(b) compelling the production of documents and material objects ; and

(c) issuing commissions for the examination of witnesses or documents.

(3) A Labour Court for the purpose of trying an offence under the Ordinance, have the same powers as are vested in the Court of a Magistrate of the first class under the Code of Criminal Procedure 1898; (Act V of 1898) and shall for the purpose of appeal from a sentence passed by it, be deemed to be Court of Session under that Code.

(4) No court-fee shall be payable for filing, exhibiting or recording any documentary document in, or obtaining any docu ments from a Labour Court.

On the other hand rule 1 of Order XIV of the C. P. C. contains the following provisions:-

1. (1) Issues arise when a material proposition of fact or law is armed by the one party and denied by the other.

(2) Material propositions are those propositions of law or fact which a plaintiff must allege in order to show a right to sue or a defendant must allege in order to constitute his defence.

(3) Each material proposition affirmed by one party and denied by the other shall form the subject of a distinct issue.

(4) Issue are of two kinds (a) issues of fact, (b) issues of law.

(5) At the first hearing of the suit the Court shall, after reading the plaint and the written statements, if any, and after such examination of the parties as may appear necessary ascertain upon what material propositions of fact or of law the parties are at variance, and shall thereupon proceed to frame and record the issue on which the right decision of the case appears to depend.

(6) Nothing in this rule requires the Court to frame and record issues where the defendant at the first hearing of the suit makes no defence.

It is clear from even a cursory glance at the above-cited provisions of the Industrial Relations Ordinance, 1969 and of Order XIV of the C. P. C. that no application of this nature the purpose of which is to challenge the legality of the composition of the establishment of this Labour Court (on the ground that the appointment of the two members of this Court by the Provincial Government is illegal) can be addressed by any party to this Labour Court. This application bears the signature of Mr. Nazir Ahmad Naz who is obviously only an individual intent upon questioning the validity of the constitution of this Labour Court. There is no provision of any relevant law under which Mr. Naz is entitled to raise any objection in this Labour Court against its own constitution or composition. This is a matter which Mr. Naz could easily have taken up with the Labour Department of the Provincial Government, which is concerned with the appoint ment of the two Members of this Court. He has, nevertheless, chosen to waste the time of this Court by instituting an absolute ly illegal application.

For the above-recorded reasons this application of Mr. Nazir Ahmad Naz bearing the: date 7th November 1970 which came up for hearing for the first time: on 23rd November 1970 is dismissed on its merits.

It should be clearly understood that this order of the Punjab Labour Court (Central Zone) is of a judicial nature and no appeal of any sort lies against it to any authority. On the other hand the fact that this application has been addressed by Mr. Nazir Ahmad Naz to this Labour Court has raised the question of the credentials of Mr. Nazir Ahmad Naz himself for appearing in this Court on behalf of any petitioner or appellant in any case. This question will naturally be raised in future in any case in which Mr. Nazir Ahmad Naz appears in this Court on behalf of any party inasmuch as Mr. Naz is obviously not a qualified lawyer and is, therefore, not entitled to the privileges of an Advocate. He can, therefore, appear in this Court only in the capacity of a petitioner who is a party to a case.

A copy of this judicial order, together with a certified copy of the relevant application of Mr. Nazir Ahmad Naz, shall be sent to the Secretary to the Government of Punjab, Labour Department, Lahore, for information only. A copy of this order shall be sent to Mr. Nazir Ahmad Naz at his home address for information and compliance.

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