1976 PLP 517 (PLC)

Respondents No; 1 and 2 (absent). Date of hearing : 13th August 1975. in this petition the petitioner has challenged the legality of the order passed by IInd Sind Labour Court, allowing overtime wages to respondent No. 3 for the years 1972-1973; by an order dated 4th June, 1974.

2. Briefly the facts are that the respondent No. 3 U. Ibrahim is an employee as an accountant of the petitioners since about 1971. On 8-2-1974 his services were terminated and he brought an application under section 25(A) of the Industrial Relations Ordinance, 1969, before the Junior Labour Court 'IV', Karachi, and sought the relief of re-instatement, back dues, cost of living allowance, gratuity, and overtime wages for the years 1972-73. The Junior Labour Court by its award dated 25th March 1974, allowed all the reliefs excepting the one relating to overtime wages. Respondent No. 3 filed an appeal before IInd Sind Labour Court who allowed the overtime wages as well vide its order dated 4th June 1974. Being aggrieved by the award and by the order, the employer has filed this Constitutional petition challenging the legality of both of them as well as the jurisdiction of the Junior Labour Court and Sind Labour Court to entertain the application of respondent No. 3.

3. At the time of argument, however, learned counsel for the petitioner confined his argument to challenging the legality and jurisdiction of the Labour Court to grant overtime wages. The grant of other reliefs as well as the jurisdiction of the Junior Labour Court was not challenged during the arguments perhaps for the obvious reasons that not having challenged the award of the Junior Labour Court by way of appeal as provided under section 36-D of the Industrial Relations Ordinance, he was barred from raising such prayer in this Constitutional petition. In the matter of grant overtime wages to respondent No. 3 the learned counsel for the petitioner has raised the following points :- (i) That in view of section 12 of the West Pakistan Shop and Establish ment Ordinance, 1969 the authority constituted under such provision was the authority having exclusive jurisdiction to entertain the claim for payment of wages and not the Junior Labour Court; (ii) In the alternative even if it is conceded that Junior Labour Court had jurisdiction the statutory notice required under section 25A(1) of Industrial Relations Ordinance, 1969 was not served on the employer and in absence thereof Labour Court could not entertain the claim for overtime wages; and (iii) That respondent No. 3 himself had admitted that he did not attend to his duties during November and December, 1973 and, therefore. grant of overtime wages for this period at least was not warranted.

4. Section 25-A of the Industrial Relations Ordinance is in general terms and gives right to a worker to approach the Labour Court in respect of any grievance arising out of any right guaranteed or secured to him. This section is procedural in nature and does not confer any substantial right. On the other hand West Pakistan Shops and Establishment Ordinance, 1969 conferred substantive rights of weekly hours of work and overtime and they also conferred special rates of wages for overtime work. At the same time this West Pakistan Ordinance by its section 12 conferred exclusive jurisdiction under section 12(1) on the authority, which is to be notified by A the Provincial Government to hear and decide claims arising out of delay in payment or non-payment of wages, which obviously includes overtime wages. This authority was notified vide notification No. SOIL-11)-IV-(25)/71 dated 28th May. 1973. That being the case, the Junior Labour Court did not have any jurisdiction to entertain any claim for non-payment of overtime wages. It was the authority constituted vide above notification, which have such exclusive jurisdiction.

5. As the petition succeeds on the ground of jurisdiction alone I need not dilate upon the other grounds taken by the learned counsel for the petitioner.

6. In view of the above discussion, I hold that the award of the IInd Sind Labour Court, with respect to the overtime wages was without jurisdiction and as such is without lawful authority being of no legal effect. Petition succeeds. There would be no orders as to costs.