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Constitutional Petition No. D‑39711981, decided on 13th October, 1981.

‑‑ S. 6‑Dismissal‑Mala fide‑Order passed held, without juris diction‑Contention of mala fide not gone into in circumstances of case Constitution of Pakistan (1973), Art. 199:

‑‑‑‑ S. 6‑Individual dispute between employer and employee‑Ad judication of such dispute by respondent No. 1 as specified autho rity not within its jurisdiction‑Order passed by respondent No. 1, held, without lawful authority and "of no legal effect.

Pakistan Burmah‑Shell Limited v. Central Labour Commission and 5 others P L D 1982 Kar. 33; Pakistan Electrical and Mechanical Constructors Ltd. v. Chairman, National Industrial Relations Commission and Pakistan Electrical and Mechanical Constructors Ltd. Employees Union (Regd.), N L R 1981 Lab. 200 rel.

S. M. Nurul Hassan for Petitioner.

Respondent No. 2 in person.

Date of hearing: 13rd October, 1981.

.‑ The Chairman, National Industrial Rela tions Commission, respondent No. I, acting in the capacity of Specified Authority under the Pakistan Essential Services (Maintenance) Act, 1952 (hereinafter called the Act) by the order dated 30th March, 1981, allowed the application under section 6 of the Act, filed by respondent No. 2, an employer of the petitioner, and set aside the order of dismissal of respon dent No. 2 and ordered his re‑instatement in service with back benefits in spite of the objection that respondent No. 1 had no jurisdiction to adjudicate upon the individual dispute between the employer and the employee under section 6 of the Act.

The petitioner has therefore, come up in this constitution petition under Article 9 of the Provisional Constitution Order, 1981.

We have heard Mr. S. M. Nurul Hassan, Advocate for the petitioner and the respondent No. 2, who appeared in person.

So far as this Court is concerned the question whether respondent No. 1 could adjudicate upon the dispute of an individual workman under section 6 of the Act or the Rules framed thereunder or not stands settled by the Full Bench judgment of this Court in Pakistan Burmah‑Shell Limited v. Central Labour Commissioner and S others (P L D 1982 Kar. 33). The Full Bench judgment has been followed by the Division Bench of this Court in Pakistan Electrical and Mechanical Constructors Ltd. v. Chairman, National Industrial Relations Commission and Pakistan Electrical and Mechanical Constructors Ltd. Employees Union (Regd.) (N L R 1981 Lab. 200).

Respondent No. 2, however, made his submission on the merits of the order of dismissal passed by the petitioner. He particularly laid much emphasis on the male fide action of respondent No. 2. However, in the, present case we are not concerned with the merits of the case for respon dent No. 1 had no jurisdiction to entertain the individual grievance of respondent No. 2 I.

The petitioner is, therefore, entitled to succeed and we accordingly declare the order passed by respondent No. 1 to have been passed without lawful authority and is, therefore, of no legal effect. However, in the circumstances of the case we leave the parties to bear their own costs.

Petition accepted.

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