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--‑‑ S. 7‑Employment governed by Act‑Grievance petition before Labour Court against termination of service not maintainable Industrial Relations Ordinance (XXIII of 1969), S. 25‑A.

K. E. S. C. Ltd., v. N. 1. R. C. P L D 1982 S C 130 ref.

Ali Amjad for Appellant.

Date of hearing : 14th September, 1982.

DECISION

This appeal is directed against the decision of the learned Labour Court, given on 10th July, 1982, upon the grievance petition of the appellant challenging his dismissal from service. The learned Labour Court has based its decision on the decision of the High Court in C, P. Nos. 636 and 1755 given on 2t6h April, 1982 and of this Tribunal in the case of Shah Jawaid and another v. P. 1. A. and Muhammad Mansur v. K. E. S. C., decided on 24th May, 1982.

2. Admittedly, the employment of the respondent was governed by the provisions of the Pakistan Essential Services (Maintenance) Act, 1952. In the judgments relied up on by the learned Labour Court, it has been held on the basis of the observations by their Lordships of the Supreme Court in the case reported as K. E. S. C. Ltd. v. N. 1. R. C. (PLD1982SC130), that persons whose employment is governed by the said Act cannot ill approach the Labour Courts against the termination of their services.

3. In view of the above legal position I find no merit in this appeal and would dismiss the same in limine.

Appeal dismissal

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