Find a Lawyer

Appeal No. G. A.‑47 of 1982/Pb., decided on 17th April, 1983.

‑‑‑ S. 22‑A (8) (c) (g), 22‑A (12), 22‑B (1) (a), 38 (d), 38 (e) & 25‑A and West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 1 (4) (c)‑Nationalised Banks‑Working under authority of Government‑Wage Commis sion Award for Banks enjoys character of statutory rules‑Condi tions for exclusion from ambit of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 fulfilled‑Decision of Wage Commission published under S. 38 (c) of Industrial Relations Ordinance, 1969 deemed to be an award and provisions of Industrial Relations Ordinance, 1969, held, applicable to such award‑Jurisdiction of Labour Court, held, not barred in enforcement of rights guaranteed by such award Grievance petition of worker (Bank employee) seeking redress against infringement of right guaranteed under award of Wage commission, held, maintainable under S. 25‑A of Industrial Rela tions Ordinance, 1969.

Zafar Saleem for Appellant.

A. R. Sheikh for Respondent.

Date of hearing : 10th April, 1983.

This appeal calls in question .the decision, dated 25th January, 1982 passed by the learned Presiding Officer, Punjab Labour Court No. 7. Gujranwala, whereby the grievance petition of the appellant was returned to him for presentation to the proper forum, holding that the Labour Court had no jurisdiction: Reliance was placed by the learned lower Court upon 1982 P L C 1.

2. The appellant was dismissed from service on account of an alleged misconduct. He challenged the order before the learned lower Court on facts as well as on the ground that he was not afforded proper opportunity to defend himself. In the ruling relied upon by the learned lower Court it has been held that the N. 1. R. C. has jurisdiction, I have already differed with the view in many cases. The N. 1. R. C. has jurisdiction only in cases of unfair labour practices. Sections 22‑A (8) (c) (g) and section 22‑B (i). (a) are quite clear on the point. Section 22‑A (12) rather saves the jurisdiction of the Labour Courts than to bar it even in case of unfair labour practices. The relevant rule (12) read

as under :‑

"Nothing in this section shall be deemed to exclude the jurisdiction of a Labour Court to entertain cases of unfair labour practices on the part of employers or workmen, whether individually or collectively.

Provided that no Court, including a Labour Court, shall take any action or entertain any application or proceedings in respect of a case of unfair labour practice which is bing dealt with by the commission."

According to section 38 (d) of Industrial Relations Ordinance, 1969, the decision of the Wage Commission after it is published under section 38 (c) is to be deemed to be an award of the commission and the provisions of Industrial Relations Ordinance, 1969 apply to it. Section 38‑D reads as under :‑

"A decision of the Wage Commission published under section 38‑C shall be deemed to be an award of the Full Bench of the commis sion and the provisions of this Ordinance applicable to such award, including the provisions of sections 51 and 55, so far as may be and with the necessary modifications, shall apply to the decision of the Wage Commission."

Section 38‑F deals with the special powers of the Commission. It is clear from the said section that only criminal powers have been given to the N. 1. R. C. by this section. So by no stretch of imagination it can be said that to enforce the rights guaranteed by the award of the Wage Commission a worker has to go to the N. I. R. C. To workers of nation alised banks, the wage commission award applies and for the infringment of any right guaranteed by the said award, the only forum is the Labour Court under section 25‑A. The nationalised banks are working by or under the authority of the Government as according to section 6 of the Nationalization of Banks Act, only the Government can run banks. So one condition for the exclusion of Standing Orders Ordinance given in proviso II to its section I (4) (c) stands satisfied 6ed. The other condition is B that such an establishment should have statutory rules. Wage Commis sion Awards enjoy the character of statutory rules inasmuch as the deci sions are made by the wage commission, under section 38‑A of the Indus trial Relations Ordinance and those decisions are published in the official Gazette under section 38‑C. 1, therefore, hold that only the Labour Courts have jurisdiction and N. 1. R. C. has no jurisdiction in such matters.

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 and other legal points if any. ,

A. B. Appeal accepted.

Find a Lawyer Near You

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