2018 PLP 186 (PLC)

ZAHOOR AHMED MENGAL, MEMBER.

This appeal is filed against the judgment dated 21-08-2017 passed by the Presiding Officer, III Labour Court at Hub wherein the application filed by respondents under section 41(6) of Balochistan Industrial Act, 2010, was allowed.

2. Brief facts of the case are that the respondent filed a grievance petition before NIRC Balochistan chapter, which was allowed on 01-01-2009 and appeal filed by the concern party was dismissed by the full bench of NIRC on 17-08-2010, while on 31-03-2015 the respondent filed an execution application before the NIRC and the same was returned back to the applicant due to want of Jurisdiction, therefore, the respondent/applicant preferred another application before the Trial Court for execution of order dated 01-01-2009 passed by the NIRC which was allowed by the Trial Court through the judgment impugned herein.

3. Counsel of the appellant mainly stressed on the point that on one hand the applicant/respondent not falls within the definition of workman, on the other hand the Trial Court wrongly assume jurisdiction as the final order was passed by the NIRC, therefore, the Trial Court had no jurisdiction to implement the order passed by the other forum.

4. Counsel of the respondent repudiated the arguments put forward by the counsel for the appellant and states that as the NIRC lost its jurisdiction, therefore, there is no other way left for the respondent/applicant except to approach Labour Court. Now as the respondent/applicant is a workman and the appellant is a provincial establishment, therefore, the only forum which has jurisdiction is Labour Court.

5. I have heard the arguments put forward by the both parties. When the learned counsel for the respondent/applicant was asked to satisfy the Court or refer any law or reference on the point that Labour Court/this Tribunal have Powers to execute the order passed by NIRC, the counsel for the respondents referred the judgment of Hon'ble Sindh High Court reported in 2015 PLC 01, the relevant portion is as under: "

Ss. 53, 87 & Preamble

Sindh Industrial Relations Act (XXIX of 2013), S.45

Constitution of Pakistan, Art. 199

Constitutional petition--Legal forum available to the employees/ labourers/workers employed in a trans-provincial or intra-provincial establishment/company/corporation/institution

National Industrial Relations Commission (NIRC) or Labour Courts-- Two laws existed side by side, one at Federal level i.e. Industrial Relations Act, 2012 and the other at provincial level i.e. Sindh Industrial Relations, 2013 both dealing with similar subjects

In order to avoid the confusion of overlapping of jurisdictions as the where the employers or workmen of trans-provincial establishments could seek legal remedy, S.87 has been incorporated in Industrial Relations Act, 2012 which provided that its provisions shall have overriding effect, notwithstanding anything contained to the contrary in any other law for the time being in force

Effect of such non obstante clause contained in S.87 of Industrial Relations Act, 2012 was only to the extent that for trans-provincial establishments, the forum to seek legal remedy in matters covered by Industrial Relations Act, 2012 was only and only the one provided thereunder i.e. National Industrial Relations Commission (NIRC) and not the Labour Courts established under the Sindh Industrial Relations Act, 2013 that was applicable

High Court directed that all cases pending adjudication in Labour Court pertaining to trans-provincial industrial and commercial establishments shall stand transferred to the NIRC of appropriate jurisdiction; that likewise, cases, if any, pending adjudication in NIRC pertaining to intra-provincial industrial and commercial establishments shall stand transferred to the Labour courts of appropriate jurisdiction

Constitutional petition was disposed of accordingly."

6. The matter initially was entertained by NIRC and final judgment which attained finality was passed by NIRC, but meanwhile the law changed and Section 87 was inserted in IRA, 2012, wherein the NIRC confined to deal with the Federal and trans-provincial matters, therefore, the NIRC lost its jurisdiction and the matter as being provincial subject in the light of the above judgment automatically transferred to Labour Court.

7. In the light of above discussion and judgment referred in Para supra, the Trial Court passed the impugned judgment in accordance with law and proper jurisdiction, hence committed no illegality, there is no legal reason available to interfere or reverse the same, therefore, the same is upheld and appeal in hand is hereby dismissed as having no merits.

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

9. The copy of judgment along with original record of Trial Court be sent to Trial Court. Case after completion be consigned to record,

10. Given under my hand and seal of the Court on 7th March, 2018. ZC/6/Blt Appeal dismissed.