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Appeal No. KAR‑519 of 1971, decided on 18th November 1978.
------S. 38 (3‑A)‑Revisional jurisdiction‑Labour Appellate Tribunal -Can call for record of any case or proceeding only under Industrial Relations Ordinance, 1969‑No law held confers power of revision with regard to any case or proceeding under any other enactment‑Case having been dealt with by Labour Court under West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 and such Ordinance not vesting any power of revision upon Labour Appel late Tribunal, revision application before such Tribunal, held, not maintainable.
Syed Ahmad Farooqi for Applicant.
Asuhammad Humayun for the Opponent.
This Revision has been filed against the Order of the Sind Labour Court No. IV, Karachi, acquitting the respondent under section 247, Cr. P. C. on account of the absence of the applicant. The applicant had filed a complaint in the Labour Court against the respondent for violation of certain provisions of the Standing Orders Ordinance on 26‑11‑1978. Thereafter, there had been a number of hearings but the case could not proceed on account of applica tions made by one or the other party as alleged due to Curfew. The applicant was said to be absent on the last 4 hearings, consequently the order of acquittal was passed. Aggrieved by this, the present Revision has been filed.
2. The learned Representative for the respondent has raised the preliminary objection that the Revision was not maintainable as the Order of the Labour Court bad been passed under Standing Orders Ordinance whereas the Revision against the Order of the Labour Court was maintainable only when the order was passed in the proceedings or case arising under Industrial Relations Ordinance. There is a considerable force in this contention. The learned counsel for the applicant failed to satisfy us that the Revision was maintainable. We tried to rely upon section 7(6) of Standing Orders Ordinance whereby the Labour Court was empowered to try an offence under Standing Orders Ordinance and since the Order was passed by a Labour Court constituted under the Industrial Relations Ordinance, 1969, the Revision was maintainable as the power of Revision has been conferred by section 38 (3‑A) of the Industrial Relations Ordinance, 1969. I must say that the learned counsel has not appreciated the provisions of section 38 (A) which clearly lays down that the Tribunal can only call for the record of any case or proceeding under that Ordinance, i.e. the Industrial Relations Ordinance, 1969. There is nothing in this provision of law to confer the power of revision with regard to any case or proceeding under any other enactment. The present case by the Labour Court was dealt with under Standing Orders Ordinance and there is nothing in the Standing Orders Ordinance vesting the power of revision upon this Tribunal.
In the circumstances, the Revision is not maintainable and is hereby dismissed.
Revision dismissed.
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