Find a Lawyer

Applications Nos. KAR‑568 and KAR‑569 of 1982, heard on 28th November, 1980.

Industrial Relations Ordinance (XXIII of 1969)‑--

‑‑Ss. 25‑A 35 & 38 (3‑A) ‑ Grievance petition ‑ Objection as to territorial jurisdiction‑To ‑be decided at commencement of proceed ings‑Preliminary objection regarding jurisdiction‑‑Postponed to be decided alongwith other issues upon conclusion of case Order of Labour Court, in circumstances, set aside by Appellate Tribunal in suo motu revision and case remanded with direction to decide preliminary objection of jurisdiction before considering other points.

Settlement and Rehabilitation Commissioner v. Manun Khan and others 1973 S C M R 62 and Rex v. Bol tan (1841) 1 Q B 66 rel.

Syed Zamirul Hasan for Applicants.

Abdul Majeed for Respondent.

Date of hearing : 28th November, 1982.

DECISION

The respondent, who was employed by the appellants as Motor vehicle driver, was dismissed from service by an order dated 10‑2‑1982 the‑ res pondent challenged the orders of his dismissal from service through a grie vance petition filed before the learned Labour Court in which he named two separate respondents, Messrs. Pak Paper Sack Corporation Limited and Messrs Baluchistan Laminates, which are stated to be two separate divisions of the same company. The grievance petition: of the respondent was resisted by both the above divisions of Pakistan Paper Sack Corporation Limited on the ground of want of jurisdiction. It is their case that at the time of the respondents dismissal from service he was employed in their factory at Hub Chowki, which is outside the Province of Sind, and hence not within the jurisdiction of the learned Fifth Labour Court. The learned Fifth Labour Court instead of deciding this preliminary point, has ordered that the said point will be decided alongwith other issues arising in the case upon the conclusion of the case. The said order of the learned Labour Court is in direct conflict with the decision of their lordships of the Supreme Court in the case reported as Settlement and Rehabilitation Commissioner v. Mannu Khan and others (1973 S C M R 62). In that case, relying upon the observations of Lord Denman, C.J. Rex v. Boltan ((1841) I Q B 66) 'in the Supreme Court has held that a tribunal's jurisdiction is determinable at the commencement and not at the conclusion of the proceedings., The learned Labour Court, accordingly, ought not to have postponed determination of the issue of, jurisdiction till the conclusion of the case, as it has done, but should have decided the issue as a preliminary issue and only if it holds that it has jurisdiction in the matter should it further proceed with the determination of the grievance of the respondent. I would, accordingly, set aside the order of the learned Labour Court, dated 17‑10‑1982, with the direction to decide the issue of jurisdiction as a preliminary issue before considering other points involved in the grievance petition,

2. The two suo motu revisions stand disposed of.

Revision disposed of.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.