2018 PLP 63 (PLC)

ZAHOOR AHMED MENGAL, MEMBER.

The appellants through this appeal challenged the judgment of Labour Court-I Quetta dated 26-08-2015 and the appeal was admitted by my Learned predecessor.

2. The parties were appeared through their respective counsels. Meanwhile, during the pendency of this appeal the learned counsel for the appellants Mr. Abdul Sattar Khan, Advocate requested that a case of similar nature in shape of C.P. is pending before Hon'ble High Court of Balochistan which has been heard and reserved for announcement of judgment, if the matter in hand may kindly be adjourned till the announcement of above mentioned CP's judgment it would be beneficial for the parties as well as for the Court particularly on the point of jurisdiction.

3. That on 25-07-2017 the Hon'ble Registrar High Court of Balochistan through memo. No.17135/Judl: C.P. No.947/2013 sent the certified copy of judgment of Hon'ble High Court of Balochistan dated 21-07-2017 wherein the Hon'ble High Court of Balochistan in C.P. No.947/2013 titled as "The Regional Manager Utility Store Corporation of Pakistan (Private) Limited and another Versus Muhammad Imran and others" set aside the Judgments of Labour Court as well as of this Tribunal dated 9th July 2013 and 27th November 2013 respectively on the ground of jurisdiction. For reliance the relevant portion is reproduced as under: "In view thereof as the petitioners was with the status of trans-provincial establishment which determined the forum for redressel of the grievance of workmen of such establishment. It was NIRC. The promulgation of the Act, 2012, when the case was still before the Labour Court, terminated the jurisdiction of the Labour Court and the Labour Appellate Tribunal established and worked at the strength of the Balochistan Industrial Relation Act, 2010. Thus on change of the law the orders passed by the referred two forums were without jurisdiction and of no legal effect, thus not sustainable.

10. In view of above discussion the judgment dated 9th July, 2013 of 1st Labour Court Balochistan, Quetta and judgment dated 27th November 2013 of the Labour Appellate Tribunal are set aside. The Labour Court is directed to transfer the application filed under section 46 of the Industrial Relation Ordinance, 2002 by respondent No. 1 to the National Industrial Relation Commission without any loss of time, who has to proceed with the matter as required for a decision on merit within the period as provided by the law."

4. Counsel for the parties have been heard at length.

5. It is an admitted fact that the Utility Store Corporation (Pvt.) Ltd. has its various branches all over the Country which has also declared by the Hon'ble High Court of Balochistan as trans-provincial establishment. In such circumstances there is no need to go in to the merits of the case.

6. In view of above I am of firm opinion that the Labour Court as well as this Tribunal have no jurisdiction to adjudicate upon the matters having trans-provincial status therefore, the judgment of Trial Court dated 26-08-2015 being coram non judice is hereby set aside which has been passed without lawful authority and the appeal of the appellant is allowed with the direction to the Trial Court to return the grievance application of the respondents/applicants to file the same before proper forum for the redressel of their grievance. The appeal is disposed of with above terms.

7. The parties are left to bear their own cost.

8. The copy of Judgment along with original record of Trial Court be sent to Trial Court. Case after completion be consigned to record. MQ/7/BLT Appeal allowed.