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Appeal No. ID‑671 of 1984, decided on 18th November, 1984.
‑‑‑Ss.37 & 38‑‑Appeal‑‑Jurisdiction‑‑Jurisdiction of Punjab Appellate Tribunal‑‑Limited to appeals arising from decisions of Labour Courts functioning in Punjab‑‑Islamabad a Federal territory‑‑Labour Court, Islamabad‑‑Not within jurisdiction of Punjab Labour Appellate Tribunal‑ President Order 12 of 1971, authorized Government of Punjab to exercise same powers in relation to Islamabad capital territory as were exercisable by Government of West Pakistan before July, 1970, held, not helpful unless Punjab Appellate Tribunal is authorised by Government of Punjab to hear appeals and revisions against decisions of Labour Court, Islamabad.
Malik Ghulam Rasool for Appellant.
Date of hearing: 17th November, 1984.
The appeal captioned above is directed against the decision, dated 18‑10‑1984 recorded by the learned Presiding Officer, Labour Court, Islamabad, dismissing the grievance petition of the appellant.
2. This Tribunal has jurisdiction to hear appeals arising from the decisions made by the Labour Courts functioning in Punjab. The Labour Court the decision of which has been challenged in this appeal is not functioning in Punjab and the case is also not of the establishment situated in Punjab. It has been argued that no separate Appellate Tribunal for Islamabad territory has been appointed, so this tribunal is competent to hear appeals arising from the decisions of Labour Court, Islamabad. The contention has no force. Unless this tribunal is authorised to dispose of such appeal it has no jurisdiction. In a case titled as Saleem Akhtar Mughal v. Federal Bank for Co‑operatives, President's Order No.12 of 1971 was cited but that too is not helpful. The President of Pakistan has by means of the said order authorised the Government of the Punjab to exercise same powers in relation to Islamabad capital territory as were exercisable by the Government of West Pakistan before July, 1970. Since the Government of the Punjab has not authorised this tribunal to hear appeals and revisions arising from the decisions and orders of Labour Court, Islamabad, the said President's order is not helpful.
3. As a result, the memo. of appeal be returned to the appellant.
A. E.
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