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Application No. 39 of 1973, decided on 23rd May 1974.

--- Ss. 3, 6 & 7-A read with Industrial Relations Ordinance (XXIII of 1969), Ss. 35 & 51-Effect of S. 7-A, Pakistan Essential Services (Maintenance) Act, 1952---Law of procedure always retrospective in operation-Words "or any other law" in S. 7-A-Wide enough to have overriding effect on provisions of Industrial Relations Ordinance, 1969 Labour Court functioning under Industrial Relations Ordinance, 1969 Divested of jurisdiction upon issuance of notification under S. 3, Pakistan Essential Services (Maintenance) Act, 1952 declaring a service as "essential service" even in matters pending before Labour Court Award given prior to issuance of notification partly 'acted upon Contention that petition under S. 51 of Industrial Relations Ordinance, 1969 seeking partial implementation of award pending before Labour Court on date of issuance of notification fell within its jurisdiction, in circumstances, rejected.

1973 P L C 94 rel.

----S. 3 read with Central Government notifications dated 31-5-1973 & 30-11-1973-Machinery Pool Organisation of WAPDA-Employ ment of WAPDA irrespective of its functions-Covered by notifica tions and "essential service" in terms of S. 3.

1969 P L C 492 rel.

Abdul Majeed for Applicant.

Abdul Hameed for Respondents 1 and 2.

By present petition, computation and determination of the amount due under the award of West Pakistan Industrial Court, Karachi passed in Industrial Dispute No. 61 / 1964 on demand No. 1, is being sought. The facts are that the applicant was a driver in the Machinery Pool Organiza tion Equipments Workshop, Jamshoro. Applicant and other drivers were discharged from the service on account of remaining absent from the duty. The M. P. O. WAPDA Workers' Union, Jamshoro filed the referred industrial dispute for their re-instatement. On 18-LO-1966 applicant was ordered to be re-instated in service under the above award. Though the award was appealed against in High Court of Sind & Baluchistan Karachi in Misc. Appeal No. 1 of 1967, but the same was maintained by judgement dated 24-8-71. Application of section 50, I. R. O. for seeking interpretation of the above award was also dismissed by Sind Labour Appellate Tribunal, Karachi on 21-9-72. It is claimed by the applicant that though he has been re-instated in service in compliance to award, still the benefits due under the same have been denied to him. Respondents have taken up the plea that since the provisions of Pakistan Essential Services (Main tenance) Act, 1952, have been extended to the employment under M. P. O., WAPDA, this Court is ceased of the jurisdiction to proceed with the applica tion. In support of this plea respondents have placed on record two notifica tions of Central Government dated 31-5-1973 and 30-11-1973 respectively.

Section 6 (1) of the Act reads as under

The Central Government, may make rules regulating or empowering a specified authority to regulate the wages and other conditions of service of person or of any class of persons engaged in any employment or class of employment declared under section 3 to be an employment or class of employment to which this Act applies.

Section 7-A of the Act is as follows: -

The provisions of this Act shall have effect notwithstanding to the contrary contained in the Trade Unions Act, 1926 or the Industrial Disputes Ordinance, 1959 or any other law.

There is no dispute about the fact that under the rules of section of the Act, the method for regulating the wages and the service condition, of the persons covered by section 3 of the Act is very different from the which was prescribed by Industrial Disputes Ordinance, 1959 and which is given under I. R. O. 1969. As such in the light of the observations made by his Lordship of the High Court of Sind & Baluchistan, Karachi in an B authority reported under 1973 P L C 94, the effect of section 7-A o the Act is that as soon as the Act was extended this Court be came divested of its jurisdiction to proceed under I. R. O., 1969. Since section 51 is a part of I. R. O., 1969, this Court was also ceased of the jurisdiction to proceed with the application under the same. The arguments that award has been partly acted upon by the respondents and that under section 51 no adjudication is required, would not give jurisdiction to this Court. Section 7-A was added to Pakistan Essential Services (Maintenance) Act, 1952, by Ordinance No. 5 of 1965. It has been contended that since I. R. O. was enacted afterwards i.e. in year 1969, it cannot be covered by section 7-A of the Act. But I am of the opinion that the words or any other law appearing in the section are wide enough to have an overriding effect. No doubt when the first notification dated 21-5-73 was issued, the present application dated 28th May, 1973 was already pending but it is the well established position of law that the law of procedure is always retrospective in operation. Consequently it cannot be argued that the provisions of Act 1952 are not to be given effect to because the notification under section 3 of the Act was issued after the present application was brought before this Court.

It has already been held by the Industrial Appellate Tribunal West Pakistan in an authority reported under 1969 P L C 492 that though Machinery Pool Organization of WA PDA may not be dealing with generation, transmission, distribution and supply of electricity, yet being an employment in or in connection with the Organization (WAPDA) dealing with such functions is covered by the notifications and essential service in the terms of section 3 of the Act.

In the light of above discussion I find that after the issue of notification this Court is left with no jurisdiction to proceed with the application. Hence it is dismissed. It is up to the applicant to move the proper authority for the computation and recovery of his wages.

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