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C. D. A. WORKERS\' UNION, ISLAMABAD versus SULTAN KHAN


Industrial Relations Ordinance 1969 Section 36 read with Notification No 10 75 (L II) / 70 of the Government of West Pakistan, dated 27 7 1969 No reference to the territorial jurisdiction Labor Court, Northern Zone, Lahore with regard to the capital city of Islamabad. Is not an option

1972 P L C 307

[Punjab Labour Court]

Present: Sardar Muhammad Amir Akbar Khan, Chairman Ch. Umer Din and

Muhammad Mushtaq Karimi, Members

C. D. A. WORKERS' UNION, ISLAMABAD

Versus

SULTAN KHAN

Complaint No. 2 of 1971, decided on 24th July 1971.

Industrial Relations Ordinance (XXIII of 1969)--------

-----

S. 36 read with West Pakistan Government Notification No. 10‑75 (L‑II)/70, dated 27‑7‑1969‑Territorial Jurisdiction‑Labour Court (Northern Zone), Lahore‑Has no jurisdiction in respect of Islamabad capital territory.

ORDBR

SARDAR MUHAMMAD AMIR AKBAR KHAN (CHAIRMAN).‑

This complaint under section 61 of the Industrial Relations Ordinance of 1969, read with section 34 thereof has been filed in this Court by the petitioner‑Union against Sultan Khan, accused, for having embezzled funds of the Trade Union.

This Court was established under Government Notification No. 10-75(L‑II)/70, dated 27‑7‑1969 of the Government of the Punjab. In this notification the territorial limits of the jurisdiction of this Court were given as the civil Divisions of Lahore sad Rawalpindi excluding Islamabad capital territory. This notification has been issued under section 36 of the Industrial Relations Ordinance whereby the territorial limits within which the Court is to exercise jurisdiction under the Ordinance has to be fixed by the Government. This would show that this Court has no jurisdiction pertaining to Islamabad Capital terri tory The present complaint pertains to Islamabad Capital territory, as is evident from the address given that of complain ant and the accused the complaint itself. As such, this Court cannot proceed with this complaint on account of lack of territorial jurisdiction. The complaint is, therefore, dismissed for want of territorial jurisdiction. The complainant should file a complaint in a Court having jurisdiction in the matter. The complainant may be sent a certified copy of this order for information.

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