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Appeal No. JG‑742 of 1981, decided on 15th May, 1982.
‑‑ S. 35 read with Civil Procedure Code (V of 1908), S. 20‑Terri torial jurisdiction of Labour Courts‑Guidance to be taken from principles laid down in S. 20 of Civil Procedure Code, 1908‑Labour Union with office at S declared as C. B. A. by Registrar, Trade Unions with office at L‑Trade Union with Office at J challenging order of Registrar before Labour Court at F having jurisdiction over S‑Labour Court returning petition on grounds that., it had no jurisdiction‑Labour Appellate Tribunal in suo motu revision setting aside order of Labour Court at F and remanding case to it‑Held In view of principles laid down in S. 20 of Civil Procedure Code, 1908 both Labour Courts at L and F, in circumstances, had jurisdiction.
Munawar Ahmad Javed for Appellant.
Nemo for Respondent No. 1.
Naseer Ahmad Qureshi for Respondent No. 2.
Nemo for Respondent No. 3.
Date of hearing : 15th May, 1982.
In the beginning the appellant union was C. B. A. Thereafter respon dent No. 2 came into being and was registered. Respondent No. 2 made application to respondent No. 1 for declaring respondent No. 2 as C. B. A. and respondent No. 1 passed the order accordingly. The said order was challenged by the Irrigation Operation Labour Union. before Punjab Labour Court No. 5, Faisalabad. The learned Judge decided that Faisalabad Court had no territorial jurisdiction and thus returned the petition for presentation to the proper forum. The said order has been challenged in this Court. Obviously, the appeal does not lie from the impugned order, therefore, the appeal is treated as a revision. Respondent No. 2 works at Sargodha which is within the territorial jurisdiction of Labour Court No. 5, whereas the impugned order gave cause of action to the petitioner which works at Jhang. Although, C. P. C. is not applicable but since in the I. R. O. there is no provision to decide the forum, guidance is to be taken from the principle laid down in section 20 of the C. P. C. according to which Lahore Courts as well as Faisalabad Courts both have territorial jurisdiction. The impugned order, therefore, is not maintainable and is set aside. Since the learned Presiding Officer of Labour Court, No. 5 is not available for some months, the case is transferred to Labour Court No. 4, Faisalabad. The parties to appear there on 24th May, 1982.
A. E.
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