1970 PLP 121 (PLC)

West Pakistan Industrial Disputes Ordinance (IV of 1968),

S. 16‑Appeal‑Section 16 has no retrospective effect‑ Ordinance of Industrial Court passed before promulgation of Ordinance--‑Not appealable before Industrial Appellate Tribunal. Appeal against an order passed by the Industrial Court under section 10(1)(x) of the Industrial Disputes Ordinance, 1959, was presented in 1967 in the High Court. The High Court, after promulgation of the West Pakistan Industrial Disputes Ordinance, 1968 (8th March 1968), transferred the appeal to the Industrial Appellate Tribunal. In returning the case to the High Court, the Tribunal remarked that section 16 of the West Pakistan Industrial Disputes Ordi nance of 1968, which confers power on the Tribunal to hear appear from the award or order passed by the Industrial Court, has not been given retrospective effect. The Tribunal, therefore, has no jurisdiction to hear appeals from the awards or orders passed by the Industrial Courts prior to 8th March 1968. Wapiullah Qureshi for Appellant. Nemo for Respondent No. 1. 3 Date of hearing: 11th June 1969. This is an appeal under section 12 of the Industrial Disputes Ordinance, 1959 (hereinafter called the repealed Ordinance), against an award given by the Second West Pakistan Industrial Court, Karachi, dated 26th August 1967 published in the Gazette of West Pakistan on 9th October 1967. The impugned order was passed on an application under section 10(l)(a) of the repealed Ordinance. The appeal was presented in the High Court of West Pakistan, Karachi Bench, on 8th November 1967. 2. Mr. Wasiullah Qureshi, the learned Representative for the appellant, submits that the appeal was rightly presented before the High Court and that the same should not have been trans-ferred to this Court for disposal. There is much force in this contention. On 19th March 1969, when the application of the appellant for expediting the hearing of the appeal came before the Senior Judge for disposal, his attention was drawn to a Division Bench judgment of the High Court of West Pakistan, Lahore, without bringing to the notice of his Lordship that the appeal was filed in 1967, much before the present Ordinance came into operation. The West Pakistan Industrial Disputes Ordinance, 1968, came into operation from 8th March 1968. Section 16 of the Ordinance of 1968, which confers power on the Tribunal to hear appeals from the award or order passed by the Industrial Court, has not been given retrospective effect. The Tribunal, therefore has no jurisdiction to here appeals from the awards or orders passed by the Industrial. Courts prior to 8th March 1968. Apparently, this fact was not brought to the notice of his Lordship the Senior Judge, who transferred the appeal to this Tribunal. I would, in these circumstances, return the record of this case to the High Court, Karachi Bench, for such order as it deems necessary.