P L D 1987 Karachi 67 (PLP)

(d)

. (e)

. ( f ) to try offences punishable under

(i) section 53, other than subsections (1) and (5) thereof ; and (ii) any other sections, in so far as they relate to employers or workers in relation to an industry wise trade union, a federation of such trade unions, a federation at the national level or officers of such union or federation; (g) to deal with cases of unfair labour practices specified in sections 15 and 16 on the part of employers, workmen, trade unions or either of them or persons acting on behalf of any of them, whether com mitted individually or collectively, in the manner laid down under section 25-A or section 34 or in such other way as may be prescribed and, to take, in such manner as may be prescribed by regulations under section 22-F, measures calculated to prevent an employer or workman from committing an unfair labour practice; (h)

(i)

Section 22-A(9). The Commission may, on the application of a party, or of its own motion,- (a) initiate prosecution, trial or proceedings or take action, with regard to any matter relating to its functions; and (b) withdraw from a Labour Court any application, proceed ings or appeal relating to unfair labour practice. Section 22-A(10). For the purpose of dealing with a case of unfair labour practice of which the Commission is seized, the Commission may

(a) proceed directly with the case, or (b) ask the Registrar within whose jurisdiction the case has occurred or is likely to occur to enquire into it and submit a report, or (c) refer the case to Labour Court within whose jurisdic tion the case has occurred or is likely to occur, either for report or for disposal. Section 22-A(10-a). The Labour Court to whom the case is so referred shall enquire into it and, if the case was referred to it for report, forward its report thereon to the Commission or, if the case was referred to it for disposal, continue the proceeding and dispose of the case as if the proceedings had originally com menced before it (and grant such relief as the Commission has the power to grant). Section 22-A(11). Save as provided in subsections 10(a) and (12) no Registrar Labour Court or Tribunal shall take any action, or entertain any application or proceedings, in respect of any matter which falls within the jurisdiction of the Commission. Section 22-A(12). Nothing in this section shall be deemed to exclude the jurisdiction of Labour Court to entertain cases of unfair labour practices on the part of employers or workmen, whether individually or collectively; Provided that no Court, including a Labour Court, shall take any action or entertain any application or proceedings in respect of a case of unfair labour practice which is being dealt with by the Commission. Section 35: . . . . . . . (2)

(3)

. (4)

. (5) A Labour Court shall,

(6-a)

(b)

(c) try offences under this Ordinance and such other offences under any other law as the Provincial Government may, by notification in the official Gazette, specify in this behalf. (d) exercise and perform such other powers and functions as are or may be conferred upon or assigned to it by or under this Ordinance or any other law. Section

53. Peralty for unfair labour practices.- (1-A)

(2)

(3) .

(4) ,

(5) ,

(6) Nothing in this Ordinance shall be deemed to exclude the jurisdic tion of a Labour Court or the Court of a Magistrate to try a case under this section if it is authorised to do so by a general or special order of the Commission. Section

64. Trial of offences.-Save as provided in this Ordinance, no Court other than a Labour Court or that of a Magistrate of the First Class shall try any offence punishable under this Ordinance. The functions and jurisdiction of N. I. R. C. have been specified in section 22-A(8)

1. R. O. which inter alia provides that N.

1. R. C. has jurisdiction to try offences punishable under section 53 except mentioned in subsections (1) and (5) and to deal with cases of unfair labour practice specified under sections 15 and 16, I.R.O. N.I.R.C. has power on the application of a party or suo motu to initiate prosecution, trial or proceeding in respect of matters relating to its functions. It can also withdraw any application or proceedings or appeal relating to unfair labour practice or refer such cases to Labour Court for report or disposal. Subsection (11 provides that except the cases referred to the Labour Court under sub section (10-a) and cases of unfair labour practice, the Labour Court shall not entertain or take any action relating to matters falling within the jurisdiction of N. I. R. C. Subsection (12) provides that section 22-A does not debar the Labour Court from entertaining cases of unfair labour practice. In order to determine whether Labour Court has the jurisdiction law to try offences under section 53 one has to look to the other provisions of the I. R. O. Under section 35(5) (c) the Labour Court is empowered to try offences under I. R. O. Section 53 provides penalty for unfair labour practice. Section 53(6) specifies that nothing in the Ordinance shall be deemed to exclude the jurisdiction of the Labour Court to try any case under section 53 if it is authorised to do so by a general or special order of the Commission. The effect of these provisions is that although the Labour Court is empowered to try offences under the Ordinance, limitation has been placed by section 53 to the effect that it can try offences under this section only if authorised by the N. I. R. C. Section 64 provide that except as provided by the Ordinance no Court other than the Labour Court or that of a 1st Class Magistrate shall try offences under the Ordinance. This provision empowers the Labour Court to try offences under the Ordinance but exercise of such jurisdiction is subject to other provisions of the Ordinance. This section, therefore imposes limitation on the jurisdiction of the L. C. to try offences and such limitations are provided under the Ordinance. If no limitations were intended to b placed it was not necessary to open section 64 with the words `save a provided by the Ordinance.' It would have been sufficient to provide that no Court except the Labour Court will have jurisdiction to try offence under the Ordinance. It is pertinent to note that these opening words were added by Act XVI of 1975. To find out the limitations placed on the jurisdiction of Labour Court to try offences under the Ordinance, the, aforestated provisions have to be considered and interpreted. For determining the jurisdiction of the Labour Court for trial o1 offences relating to unfair labour practice two key words viz. `offence' and) 'case' require special consideration. In the aforestated provisions word 'offence' and `case' have been used conveying different meanings. Under) section 22-A(8) (f ), N.

1. R. C. can try offences under section 53 which provides penalty for unfair labour practices. Section 22-A (g) authorise N. I. R. C. to deal with cases of unfair labour practices specified in section, 15 and

16. These provisions clearly demonstrate that words 'offence' and 'case' convey different meanings. If the intention of the Legislature was to use the words 'offence' and 'case' for the same meaning then it was not necessary to specify them separately in subsections 8(f ) and 8(g). The trial of 'offence' and dealing with cases refer to two different and distinguishable matters. The scheme of the Ordinance clearly distinguishes between 'cases' and 'offence' relating to unfair labour practice as specified in sections 15, 16 and

53. Where any unfair labour practice is committed the aggrieved party is entitled to institute proceeding seeking relief.) protection and redress against commission or continuation of unfair labour practice specified in sections 15 and

16. The other remedy available under section 53 is to prosecute the guilty party. All proceedings which are based on violation of sections 15 and 16 but do not seek prosecution under section 53 can be adjudicated by the Labour Court as well as by N.

1. R. C. But restriction has been placed on the jurisdiction of the Labour Court in respect of proceedings relating to offences under section 53(1-A) (2)(3) and (4) which fall within the exclusive jurisdiction of N. I. R. C. T dh Labour Court can try these offences if authorised to do so by a general or special order of N. I. R. C. as provided by section 53(6). In this provision section 53(6) the word `case' has been used but it has been qualified by the words 'under this section' (section 53) which refers to penal proceedings provided by this section. Therefore, the trial of offences relating to unfair labour practice are within the exclusive domain and jurisdiction of N. I. R. C. and the jurisdiction of the Labour Court to try such offence is limited to such cases where it is authorised to do so by a general or special order of the Commission. While coming to this conclusion I have taken into consideration the~ provision of section 13 which specifies the powers and functions of the Registrar. It gives a general description of offences for lodging complaint before the Labour Court or N. I. R. C. It does not specify that the complaints in respect of offences relating to unfair labour practice are to be lodged before the Labour Court. The view expressed by me is in accord with the well-recognised principles of interpretation that while interpreting a statute all its provisions should be taken into consideration and endeavour should be made to give a harmonious construction and avoid conflict. As the Labour Court has no jurisdiction to try offences relating to unfair labour practice unless unauthorised by the Commission it is not necessary to consider other contentions raised by the learned counsel for the petitioner. The permission granted by respondent No. 4 under section 13 (b) to lodge complaint before the respondent No. 1 and the proceeding initiated by it are declared to be without lawful authority and of no legal effect. The petition is allowed with no order as to costs. A. A. Petition allowed.