1982 PLP 857 (PLC(CS))

‑‑ S. 1(4) & S. O. 12(3) read with Industrial Relations Ordinance (XXIII of 1969), S. 25‑A‑Dismissal from, service‑Grievance petition before Labour Court‑‑Pakistan Institute of Management set up by Pakistan Industrial Development Corporation‑A separate establishment to provide courses for personnel of various organisations in personnel, production, financial, management and other allied matter‑Non‑profit making educational institute‑Neither an industrial nor a commercial establishment‑Employees of such Institute cannot maintain grievance petition. Employees' Union, Jamia, Karachi v. Registrar of Trade Unions, Sind and 2 others 1981 P L C 403; Investment Advisory Centre of Pakistan v. 1Nst. Ghosia Iqrar 1980 P L C 569 and K. G. Old v. Punjab Labour Court P L D 1976 Lah. 1097 rel. Safdar Hussain for Appellant. Masood Ahmad Khan for Respondent. . Date of hearing: 23rd February 1982. This appeal is directed against a decision of the learned Fourth Labour Court given on 13th October, 1981, dismissing the grievance petition of the appellant workman, challenging his dismissal from service by the Pakistan Institute of Management, the respondents herein. The ground, which weighed with the learned Labour Court in dismissing the appellant's grievance petition was that the respondent institution was neither a commercial establishment nor an industrial establishment for the purpose of the Industrial and, Commercial Employment (Standing Orders) Ordinance, 1968, as it was a non‑profit making organization and educational institution. It is not disputed that the Pakistan Institute of Management has been established to provide courses for Personnel of various Establishments in Personnel, Production, Financial Manage ment and other allied matters. It is, therefore, clearly an educational and training establishment. It has been held by a Division Bench of the Karachi High Court in the case of Employees' Union, Jamia, Karachi v. Registrar of Trade Unions, Sind and 2 others (1981 P L D 403) that as the services rendered by the Karachi University and Karachi Board of Education entirely depend upon contribution of learning, research, study and knowledge of men of letters, it cannot be deemed to be an 'industry' for the purposes of the Industrial Relations Ordinance, 1969. This Tribunal in the case of the Investment Advisory Centre of Pakistan v. Mst. Ghosia Iqrar (1980 P L C 569) held that Investment Advisory Centre of Pakistan, which was engaged in analysis and appraisal 'of investment proposal to render technical assistance to‑Government, semi‑Government and private organizations and for training Pakistanis in such fields was neither an industrial establishment nor a commercial establishment for the pur poses of the Sind Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, and the employees of such an organization could not invoke the provisions of the Standing Orders. Similarly in the case of Director, Building Research Station, Council for Works and Housing Research v. Sarfraz Khan, decided on 22nd August 1979, this Tribunal, relying on the decision of the Lahore High Court in the case of K. G. Old v. Punjab Labour Court (P L D 1976 Lah. 1097) held that the Building Research Station was neither an industrial nor a commercial establishment for the purposes of the Standing Orders.

2. Mr. Syed Safdar Hussain, the learned counsel for the appellant, however, sought to argue that the Pakistan Institute of Management was a part of the P. I. D. C., and since the P. I. D. C., was an organization en gaged in industrial and commercial enterprises the Institute may be deemed to be a commercial or an industrial establishment and the Standing Orders, accordingly, should apply to it and its employees. It is, however, well‑established that there can be an establishment within establish ment. As such, even if the Institute was set up by the P.

1. D. C., and is a sister concern it will make no material difference for it is undoubtedly) a separate establishment, having its own staff and management. As I a of the view that it is neither an industrial establishment nor a commercial A establishment its employees cannot invoke the provisions of the Standing Orders including those contained in clause (3) of Standing Order 12 and section 25‑A, I. R. O.

3. For the reasons discussed by me above, I‑find no merit in this appeal and would dismiss the same.