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Appeal No. KAR‑72 of 1985, decided on 9th July, 1985.
‑‑‑S. 7‑‑Industrial Relations Ordinance (XXIII of 1969), S. 25‑A‑ Jurisdiction of Labour Court‑‑Terminated employee to whom provisions of Act LIII were applicable, held, could take steps to institute proceeding under S. 7 of that Act‑‑Labour Court has no jurisdiction where services of workman were terminated or he was reverted to lower post in view of bar envisaged by S. 7 of Act (LIII of 1952).
P L D 1982 S C 113 and P L D 1982 S C 125 rel.
‑‑‑Ss. 6(7) & 25‑A‑‑Grievance petition against reversion from higher post to lower post‑‑Provisions of S. 6(1) empowering Central Government to make rules, regulate wages and other conditions of service of employees and authorizing it to specify authorities in this respect, held, was not applicable to employee governed by Act LIII of 1952.
M.M. Jeelani for Appellant.
I have heard the learned Advocate for the appellant and perused the impugned order. The admitted position in the instant appeal is that the appellant is governed by the provisions of the Pakistan Essential Services (Maintenance) Act, 1952. The Supreme Court judgment reported in P L D 1982 S C 113 and P L D 1982 S C 125 has maintained that the workman to whom the provisions of the aforesaid Act are applicable, if he is aggrieved by the termination of his services can take step to institute proceedings as provided under section 7 of the said Act. The Labour Court, as such has no jurisdiction where the services of the workman are terminated or he is reverted to a lower post.
2. The arguments in the impugned order is that in this case of reversion of the appellant who was reverted from a higher post to the lower post and this could be considered by the Labour Court under grievance petition of section 25‑A, I.R.O. 1969. The provisions of section 6(1) empowers the Central Government to make rules, regulate wages and other conditions of the service of the employees. It also authorized it to specify authorities in this respect, the option of which entirely vests with the Central Government. The section 6 does not apply in this case.
3. The over all opinion is that the Labour Courts have no jurisdiction in case where the provisions of Pakistan Essential Services (Maintenance) Act, 1952 apply. The appeal is accordingly dismissed in limine.
A.A.
Appeal dismissed.
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