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Appeal No. KAR.183 of 1974, decided on 25th July 1974.
‑‑‑ Ss. 8(3) & 37‑Appeal ‑‑Order passed by Labour Court under S. 8(3)‑Not an award, hence, not appealable.
----S. 37‑Appeal‑No appeal specifically provided for in Ordinance-- No appeal maintainable‑Court cannot act by virtue of its inherent powers in such cases.
Ziauddin Muhammad for Appellant.
Meer Muhammad Baluch, Labour Officer for Respondent.
This is an appeal against an order passed by the Labour Court under section 8 (3) of the Industrial Relations Ordinance, 1969 (hereinafter called the 'Ordinance). The point that requires consideration is whether an appeal lies from an order passed under section 8 (3) of the Ordinance in appeal. The Labour Court under section 8 (3) of the Ordinance may entertain an appeal against an order passed by the Registrar of Trade Unions. In certain cases under section 8 (3), an appeal is provided to the Labour Court from an order passed by the Registrar, rejecting the application for restoration or delayed disposal of the application beyond the period of fifteen days or has not issued a certificate of registration within a period of three days. On appeal, the Labour Court may pass an order directing the Registrar to register the Trade Union and to issue a certificate of registration or may dismiss the appeal. It is noteworthy that the word 'Decision' has been omitted from section 38 (3) of the Ordinance. An order passed under section 8 (3) is only an order or at best decision from which no appeal is provided under the Ordinance. By no stretch of imagination, it can be said that an order under section 8 (3) is an award. Mr. Ziauddin, the learned Representative for appellant, contended that this Court is the Appellate Authority and therefore has inherent pourer to interfere with the order passed by the Labour Court. I have no inherent power. It is well‑settled law that an appeal is a creature of statute and it must be specifically provided. As no specific provision has been provided under the Ordinance, the appeal is dismissed as not maintainable.
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