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Constitutional Petition No. D-546 of 1979, decided on 15th Novem ber, 1983.

--Art. 199 - Industrial Relations Ordinance (XXIII of 1969),S.25-A-Petitioner contending that impugned decisions of Labour Court and Appellate Tribunal were contrary to law laid down by Full Bench of High Court which was duly approved by Supreme Court-Counsel for respondents submitting that in view of law declared by High Court and Supreme Court he had nothing to say-Held : Decision of Full Bench of High Court duly approved by Supreme Court, being binding in High Court, order of Labour Appellate Tribunal was declared to be of no legal validity and consequently set aside.

Noorul Hassan for Petitioner.

Hamid Siddique for Respondents.

Date of hearing : 15th November, 1983.

-Petitioner abovenamed being aggrieved by judg ments, dated 16th May, 1978 of the learned Vth Sind Labour Court at Karachi and the judgment, dated l7th February, 1979 of the learned Tribunal, by which respondent No. 2's application under section 25-A of the Industrial Relations Ordinance, 1969 was allowed, has filed the above petition, on the facts and grounds mentioned in above petition.

The learned Advocate for the petitioner in support of the above peti tion relied upon cases reported in Pakistan Burmah-Shell Ltd. v. Central Labour Commissioner and 5 others (P L D 1982 Kar. 33 (F. B.)) and P L D 1982 S C 113, by which the Full Bench decision of this Court was approved by the Hon'ble Supreme Court and submitted that the decisions of learned respondent No. 1 and Vth Sind Labour Court at Karachi, in respect of respondent No. 2's application under section 25-A of the Industrial Relations Ordinance, 1969, are contrary to the law laid down by Full Bench of this Court, hereinbefore mentioned, and as such liable to be set aside on short ground that orders, dated 16th May, 1978 and 17th February, 1979 of Vth Sind Labour Court, Karachi and respondent No. 1, respectively are of no legal validity.

The learned Advocate for respondent No. 2 at the outset submitted, that in view of above two reported decisions of Hon'ble Supreme Court and this Court, he has nothing more to say, but requested for time to get instructions from his client respondent No. 2, in view of this latest legal position.

Decision of Full Bench of this Court reported in P L D 1982 Kar. 33 was approved by the Hon'ble Supreme Court vide its judgment reported in P L D 1982 S C 113 and as such we are bound by these two decision and hold that the orders of respondent No. 1, dated 17th February, 1979 to be of no legal validity and consequently set aside the said order, in which the original order, dated 16th May, 1978 of the Vth Sind Labour Court, Karachi was merged.

In view of facts and circumstances of the petition we pass no orders as to cost.

M. Z. M.

Order set aside.

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