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Appeal No. GT‑136 of 1982, decided on 23rd March, 1983.

Industrial Relations Ordinance (XXIII of 1969)‑--

----Ss. 22‑A, 22‑B (3) (a), 38‑E & 55‑Unfair labour practice‑.Civil power of National Industrial Relations Commission‑Concurrently with Labour Court‑Jurisdiction of Labour Court not ousted Labour Court however cannot take cognizance when N. 1. R. C. already proceeding with a case of unfair labour practice‑N. f. R. ,C. empowered to take cognizance of criminal power to proceed under S. 55 for failure to implement decision of Wage Commission [Hayat Ali v. Senior Executive Vice‑President (Administration Division) National Bank of Pakistan, Karachi and 6 others Appeal No. GT‑107 of 1982/Pb. dissented from.

Hayat Ali v. Senior Executive Vice‑President (Administration Division) National Bank of Pakistan, Karachi and 6 others Appeal No GT‑107 of 1982/Pb. dissented from].

Appellant in person.

Mian Muhammad Yasin for Respondents.

Date of hearing: 16th Maith, 1983.

This appeal is directed against the decision dated 28‑1‑1982 passed by the learned Presiding Officer, Punjab Labour Court No. 7, Gujranwala, whereby the grievance petition of the appellant for his re‑instatement in service was returned for presentation to the competent forum.

2. Relying upon 1.982 P L C 1, the learned lower Court has held that the N.I.R.C. has jurisdiction. I have already differed with great respect to his Lordship who delivered the above‑cited case. The N.I.R.C. has civil powers in respect of unfair labour practices only as is evident from section 22‑B (3) (a) of the Industrial Relations Ordinance, 1.969: Section 22‑A is also clear on the point. This is noteworthy that the above mentioned sections do not oust the jurisdiction of the Labour Courts eve in matters which are within the cognizance of the N.I.R.C. So in matters of unfair labour practices the N.I.R.C. and the Labour Courts have concurrent jurisdiction. But if the N.I.R.C. is already proceed with a case of unfair labour practice, the Labour Courts cannot take cognizance. The other section which deals with the' powers of N.I.R.C. is section 38‑B of the Industrial Relation's Ordinance, 1969. It gives criminal powers only to proceed under section 55 of the aforesaid Ordinance for failure of implementation of any decision of the Wage Commission. Same kind of view has been taken by me in many bank cases and for ready reference I may refer to appeal No. GT‑107/82‑Punjab decided on 17‑7‑1982 Hayat Ali v. Senior Executive Vice‑President (Administration Division) National Bank of Pakistan, Karachi and 6 others.

3. As upshot of the observations made above I accept the appeal and setting aside the impugned decision of the learned lower Court, remand the case for decision on merits, including legal questions; if any.

Case remanded.

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