2010 PLP 418 (PLC)

JUSTICE (R.) ABDUL HAFEEZ CHEEMA, (CHAIRMAN).

The case is fixed for the preliminary hearing today. Learned counsel for the petitioners submits that he is very much interested in admission of the revision petition and also for the suspension of the impugned order dated 27-4-2010 passed by the learned Presiding Officer, Punjab Labour Court No.4, Faisalabad. He contends that before any order is passed it would be appropriate to clarify as to the existence of the Tribunal, as well as the Labour Courts working throughout Punjab in view of the section 87(3) of the Industrial Relations Act, 2008.

2. Section 87(3) of the Act, 2008 lays down as under:-- "This Act shall, unless repealed earlier, stand repealed on 30th April, 2010." From the bare reading of section 87(3) of the Act it ex-facie appears that the life of the Industrial Relations Act, 2008 has come to an end on 30th April, 2010. However on 19th April, 2010 Constitution (Eighteenth Amendment) Act, 2010 was given assent by the President of Pakistan. Sub-clause (6) of Article 270 AA of the said amendments shortly reads:-- "(6) Notwithstanding omission of the Concurrent Legislative List by the Constitution (Eighteenth Amendment) Act, 2010, all laws with respect to any of the matters enumerated in the said List (including Ordinances, Orders, rules, bye-laws, regulations and notifications and other legal instruments having the force of law) in force in Pakistan or any part thereof, or having extra-territorial operation, immediately before the commencement of the Constitution (Eighteenth Amendment) Act, 2010 shall continue to remain in force until altered, repealed or amended by the competent authority." Likewise 270 AA (8) reads as:-- "On the omission of the Concurrent Legislative List, the process of devolution of the matters mentioned in the said List to the Provinces shall be completed by the thirtieth day of June, two thousand and eleven.'

3. Now a combined reading of these two clauses reveals that all the laws with respect to the concurrent list including Ordinances, Orders, Rules etc., in force in Pakistan or any part thereof or having extra territorial operation before the commencement of the Constitution (Eighteenth Amendment) Act, 2010, shall continue to remain in force until altered, repealed or amended by the competent authority in terms of clause (8) all the matters shall devolve on the Provinces and they shall complete their exercise by 30-6-2011.

4. It is noteworthy that when the constitutional amendment came into force on 19-4-2010, the Industrial Relations Act, 2008 was very much alive and in full force. As such its life, by virtue of Article 270 AA (6) and (8) has been extended till 30-6-2011 unless, sooner amended, modified or repealed by the competent authority, which obviously is provincial legislature.

5. As a consequence of the Article 270 AA there is implied repeal of section 87(3) of the Industrial Relations Act, 2008. In such cases the legislative intent, rather than the grammar or the letter of the enactment is the determining factor. The very heading of the Article 270 AA reads as "Declaration and continuance of laws etc." would manifestly demonstrate that the legislature was fully cognizant of the effect of section 87(3) of the. Industrial Relations Act, 2008, therefore Article 270 AA(6) has injected life into the Industrial Relations Act, 2008 up till 30th June, 2011. Constitution is a living document which portrays the aspirations and genius of the people and aims at creating progress, peace, welfare, amity amongst the citizens; it is a basic structure upon which the entire edifice is built, therefore it has to be interpreted in a manner which may keep it alive and blossoming under all circumstances and in every situation. Law should be interpreted in a manner which suppresses the mischief and advances the remedy. As a sequel to the above discussion it is obvious that this Tribunal as well as the Labour courts have every lawful authority to function and exercise their jurisdictions.

6. Preliminary arguments have been heard. The points raised by the learned counsel for the revision petitioners need consideration.

7. Admit. Notice to the respondent for 14-5-2010.

8. Meanwhile the proceedings before the learned Labour Court shall remain stayed. H.B.T./16/PLT Petition admitted.