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Appeal No. LHR‑591 of 1984, decided on 23rd October, 1984
‑‑Ss. 3 & 7, M.L.R‑52, Para. 10‑Industrial Relations Ordinance (XXIII of 1969). Ss. 25‑A and 36‑P. I. A. declared as essential service under M. L. R‑52‑Further declaration under S. 3 of Pakistan Essential Services (Maintenance) Act, 1952, held, not necessary so long as M.L.R‑52 stands‑Forum for deciding grievance petition of P. I. A. employees Authority under Pakistan Essential Services (Maintenance) Act, 1952, and not Labour Court.
Muhammad Ikram for Appellant.
Date of hearing : 21st October, 1984.
This appeal has been preferred against the decision, dated 1st October, 1984 passed by the learned Presiding Officer, Punjab Labour Court No. 2, Lahore, whereby the grievance petition of the appellant for his reinstate ment in service was dismissed for lack of jurisdiction.
2. The point involved is that P. I. A. has been declared as an essen tial service under M.L.R.‑52 and Pakistan Essential Services (Maintenance) Act, 1952 has been made applicable to it, so the jurisdiction of the Labour Courts is barred. I have already expressed my views on the point in Appeal No. BR‑251 /84‑Punjab titled as Hilal Hussain v. P. I. A. decid ed on 23rd August, 1984 that the jurisdiction of the Labour Courts is barred. Section 3 of the Pakistan Essential Services (Maintenance) Act, 1952 provides that a declaration is to be made by the Government applying the said Act to the establishments and that such a declaration remains effective for six months only. But since M.L.R‑52 declared P. I. A. as essential service and there is no provision in it that a declaration by the Government would be necessary. Section 3 of Pakistan Essential Services (Maintenance) Act, 1952 is not applicable and P. I. A. is an essential service and shall remain as such so long as M.L.R.‑52 stands Section 10 of M.L.R. 52 has made Pakistan Essential Services (Mainten ance) Act, applicable so the forum for deciding the disputes would be as provided by section 7 (3) in this respect P L D 1982 S C 113 may be cited with great advantage. So the jurisdiction of the Labour Courts is barred and the decision of the learned lower Court is unassail able.
As a result, the appeal fails and is dismissed in limine.
A.E.
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