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Writ Petition N<>. 309 of 1983, decided on 19th June, 19 3.

West Pakistan

---‑S. 8‑Provisional Constitution Order ‑(1 of 1981), Art. 9‑Bonus Employees of Electrical and Mechanical Workshop of WAPDA covered by notification issued under S. 8 of Ordinance as such provisions of Ordinance not applicable qua workshop‑Notification issued validly‑‑Question of claiming or granting bonus by virtue of provisions of law not applicable, held, does not arise‑Order of Labour Tribunal granting bonus set aside in circumstances.

M. A. Rashid for Appellant. .

H. R. Haider for Respondents Nos. 1 and 2..

Nemo for Respondents Nos. 3 and 4.

Date of hearing : 19th June, 1983.

JUDGMENT

This writ petition has been filed by the Water And .Power Development Authority, Lahore to call into question the orders of the Chairman, Punjab Labour Appellate Tribunal and the Punjab Labour Court No. 1, Lahore whereby they have ordered the petitioner to pay bonus to respondents 1 and 2 who are employed at the WAPDA Electrical and Mechanical Workshop, Ferozepur Road, Lahore.

2. The writ petition can be disposed of on the short question whether the WAPDA establishment known as Electrical and Mechanical Workshop is covered by the notification issued by t1i Governor of the Punjab under section 8 of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 (VI of 1968) on the 23rd September, 1975. This notification reads :‑

" . . . the Governor of the Punjab is pleased to exempt the WAPDA Installations (Power Houses and Workshops) situated in Punjab, from the operation of the provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968."

3. The plain wording of this notification makes its import clear and if this notification has been competently issued by the Governor of the Punjab then no question of giving effect to the provisions of this 0su aance qua the establishments covered by it would at all arise. In such a situation, for the limited purpose of decision of this constitutional petition, I would not be properly called upon to go into other contentions raised and mooted before the two Tribunals below.

4. The WAPDA's workshop known as "E & M Workshop" being situated on Ferozepur Road, in the Province of the Punjab would be covered by the aforementioned notification issued under section 8 of the said Ordinance. The effect of it would be that the provisions of the Ordinance would have no application qua this workshop. No question would thus arise of claiming or granting a benefit on the Respondents 1 and 2 by virtue of the provisions of an inapplicable law. The competence of the Governors of the Punjab to issue this notification is rendered beyond dispute in view of the nature of power conferred by section 8 of the West Pakistan Indus trial and Commercial Employment (Standing Orders) Ordinance, 1968, when seen in the light of the definition of the Government contained therein which has been defined to mean the Provincial Government. In the light of this clear legal position, however, the learned Labour Appellate Tribunal despite relying on this notification held the Respon dents 1 and 2 entitled to the benefit of bonus. This benefit could only be granted by virtue of the provisions of Standing Orders Ordinance, 1968 from the operation of whose provisions the establish ment was exempted. The course adopted by the learned Labour Appellate Tribunal, Punjab and the Punjab Labour Court was not sanctioned by law. The impugned orders are thus liable to be struck down being in excess of jurisdiction.

5. I have therefore no hesitation in accepting the writ petition and in holding that respondents Nos. 1 and 2 are not entitled to any bonus by virtue of the Standing Orders Ordinance, 1968. The two impugned orders are therefore set aside in respect of respondents 1 and 2. However, in the circumstances of the case, I would not like to make any order as to costs.

Order accordingly.

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