1983 PLP 52 (PLC)

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)‑ --‑‑S. 1 (4), proviso read with Industrial Relations Ordinance (XXIII of 1969), S. 25‑A‑‑Grievance petition before Labour Court‑Maintainable against termination of service or for enforce ment of right conferred by West Pakistan Industrial and ,i Commercial Employment (Standing Orders) Ordinance, 1968 by employee of only either an industrial or commercial establishment even if establishment does not qualify for exemption from operation of said Ordinance. M. L. Shahani, for Appellant. Muhammad Sharif for Respondent. Date of hearing : 19th May, 1982. DECISION The appellant, who was employed as a Laskar, in the Karachi Part Trust the respondents herein, was charge‑sheeted for negligence in the performance of his duties which is said to have resulted in damage by fire to Motor Launch 'Talwar', launch of the K. P. T., which was lying at its moorings in the Karachi Harbour. The appellants was ultimately removed from service by order. dated 12th September, 1979, on account of his said carelessness and negligence. He filed an application under section 25‑A, I. R. O., before the learned Fifth Labour Court challenging the orders of termination of his services. The learned Fourth Labour Court, to which the case was transferred, by its decision given on 2nd December, 1980. held that the grievance petition of the appellant was not maintainable as Standing Orders were not applicable to the respondent organization, which according to the learned Labour Court, was being carried on by or under the authority of the Federal Government and had statutory rules of discipline and conduct for its employees. On appeal to this Tribunal the case was remanded to the learned Labour Court for giving an opportunity to both parties to lead evidence on the point whether the appellant was employed in connection with any docks; wharves or jetties and to give its findings on this issue. The remand and' the above direction were ordered in view of the decision of this Tribunal in the case of K. M. C. v. Nawab Bibi and another, decided on 25th November, 1980 wherein it was held that even if an establishment does not qualify for exemption from the operation of the Standing Order under the proviso to subsection (4) of section 1 of the Sind Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, a employee of such establishment would be entitled to file a grievance petition. against the termination of his services or other right conferred under the Standing Orders only if it is shown that such an establishment was either an industrial establishment or a commercial establishment for the purposes of the said Ordinance.

2. The learned Labour Court, by the impugned order, passed on 21st July, 1981, has again reiterated the view previously held by it that the Standing Orders are not applicable to the K. P. T. as it qualifies for the said exemption. under the provisions of the proviso to subsection (4) of section 1 of the Sind Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, but has failed to take notice of the specific direction given to it while remanding the case to it for rehearing. 1n the circumstances both Mr. M. L. Shahani, the learned counsel for the appel lant workman and Mr. Muhammad Sharif, the learned counsel for the K. P. T., submitted that the case be remanded back to the learned Labour Court for compliance with the directions given in the remand order dated 23rd March, 1981. I, accordingly, remand the case to the learned Labour Court for compliance with the direction contained in the said order. It may, however, be clarified that this remand order will not preclude either party from arguing the position, in case the appeal is preferred to this Tribunal, that the Standing Orders are or are not applicable to the respon dents establishment by reason of the provisions contained in the first proviso to subsection (4) of section (1) of the Ordinance.