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Petitions Nos. 364 and 381 of 1976/Pb., decided on 31st May 1976.

Ss. 25-A & 34 read with S. 22-A and Pakistan Essential Services (Maintenance) Act (LIII of 1952), S. 6-Jurisdiction of Labour Court Ousted in case of employees within ambit of Pakistan Essential Services (Maintenance) Act, 1952-Employees of P. I. A. Corporation (office bearers of Union) praying for order restraining Management from their suspension at time of referendum-Matter having already been taken up by Industrial Relations Commission employees, held, should approach Commission.

Raja Abdur Rashid for Petitioner-Employees.

Ch. Sadiq Muhammad Warralch for Petitioner-Union.

M. Bilal for Respondent.

Brief facts necessary for the disposal of these petitions are that a country wide referendum is due to be held of all the Unions of Pakistan International Airlines Corporation. Sentiments of the contesting Unions are high and there was some tension which resulted into an occurrence of free fight between Unions on 16-3-76 at Air Port, Rawalpindi. Police registered cases against the aggressors and Management intended to take disciplinary action under Stand ing Order 15 of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. Employees were not conveyed suspension orders when the petitioners filed their petition with the prayer that Manage ment be directed not to suspend its workers ad interim injunction was issued with the notice to the respondent to file a written reply. Management has filed its written reply in both the petitions raising manifold objections. Its main objection is that provisions of Pakistan Essential Services (Maintenance) Act, 1952 have been made applicable to the respondent-Organisation vide the Federal Government. Notification No. SRO-395 (D/76, dated 28-4-76 and so all classes of employment under the respondent-Organisation have been made subject to the provisions of this Act. So this Court has been divested of its jurisdiction to entertain and try the present petitions.

On merits of the petitions, respondent's stand is that suspension orders were never issued as was directed by this Court and now they are no more in existence.

This is the admitted position of the parties that Pakistan Essential Services (Maintenance) Act, 1952 has been made applicable to the respondent-Corpora tions. National Industrial Relations Commission is an authority appointed under section 6 of the Pakistan Essential Services (Maintenance) Act, 1952 and no action can be taken against the employees and their service conditions cannot be changed without prior permission of that authority. Again this is the admitted position of the parties that National Industrial Relations Commis sion has taken u) the matter of holding countrywide referendum in Pakistan International Airlines Corporation and nowadays list of workmen is being prepared by the Commission. According to section 22-A this Court is divested of having any jurisdiction in the matter, the cognizance of which has already been taken by the National Industrial Relations Commission. Petitioners in these petitions, who have a fear of being suspended are the office-bearers oil two different Unions and the only fear with them is that if they are suspended at this period when referendum is being conducted, their popularity would be affected adversely. So no action should be taken against them. If they have any fear they can approach the National Industrial Relations Commission and that would be proper forum to determine this matter.

For the above foregoing reasons, I withdraw my bands from these petitions and so they are hereby dismissed.

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