1992 PLP 45 (PLC)

(5) ..................................................... (6) ..................................................... (7) ..................................................... (8) The following shall be the functions of the Commission, namely:-- (a) ..................................................... (b) ..................................................... (c) ..................................................... (d) ..................................................... (e) ..................................................... (f) to try offences of unfair labour practices punishable under:-- (i) section 53, other than subsections (1) and (5) thereof; and (ii) any other section, in so far as they relate to employers or workers in relation to an industry-wise trade union, federation of such trade unions, a federation at the national level or officers of such union or federation: (g) to deal with cases of unfair labour practices specified in sections 15 and 16 on the part of employers, workmen, trade unions of either of them or persons acting on behalf of any of them whether committed individually or collectively in the manner laid down under section 25-A or section 34 or in such other way as may be prescribed and to take, in such manner as may be prescribed by regulations under section 22-F, measures calculated to prevent an employer or workman from committing an unfair labour practice; (h) ..................................................... (i) .................................................. . (9) ............................ ................... (a) ..................................................... (b) ..................................................... (10) ..................................................... (10-a) . (11) ................................ (12) Similarly section 35(5)(c) reads as under:-- "

35. Labour Court: --(1) . (2) .. (3) .. (5) A Labour Court shall:-- (a) (b) ..................................................... (c) try offences under this Ordinance and such other offences under any other law, as the Provincial Government may, by notification, in the official Gazette, specify in this behalf. (d) .. " Thus, simultaneously there are three sections i.e. sections 35. 64 and 22-A providing forums for trial of offences including unfair labour practices. Besides, section 22-A(12) provides that nothing in this section shall be deemed to exclude the jurisdiction of a Labour Court to entertain cases of unfair labour practices on the part of employers or workmen, whether individually or collectively. Provided that no Court, including a Labour Court, shall take any action or entertain any application or proceedings in respect of a case of unfair labour practice which is being dealt with by the Commission.

10. The penal section of the I.R.O. in this regard is section

53. Section 53(1-A) provides punishment for contravention of sections 15 and 53(2) prescribes punishment for violation of section

16. However, we are at present concerned with jurisdiction of the Labour Court to try offences regarding unfair labour practice. The same is section 53(6) which for the sake of convenience is hereby reproduced:--

53. Penalty for unfair labour practices: (1) .. (1-a) .................................................... (2) .................................................... (3).................................................... (4) .................................................... (5) ....................... (6) Nothing in this Ordinance shall be deemed to exclude the jurisdiction of a Junior Labour Court or the Court of a Magistrate to try a case under this section if it is authorised to do so by a general or special order of the Commission. (7) ....................................................

11. Thus, apparently sections 35, 64, 22-A(12) and 53(6) seem to be contradictory providing simultaneously different forums i.e. National Industrial Relations Commission, Labour Court or Magistrate of 1st Class for trying offences including unfair labour practices. But from minute perusal of all these sections there appears to be no contradiction. In section 22-A(8)(h) we find connotations like industry-wise trade unions and Federation of such trade unions at national level etc. Furthermore, a duty is cast upon Court to make all efforts to bring in harmony different sections of a statute which ex facie appear to be inconsistent. In doing so one rinds that in fact the Commission is empowered to deal with cases as well as trial of offences for contravention of sections relating to unfair labour practices regarding industry-wise trade unions at national level where establishments extend to more than one Province or of federation of trade unions whose membership extends in more than one provinces. On the other hand the Labour Court has got jurisdiction to try offences and deal with cases in respect of those employers and trade unions which are at the provincial level alone. This interpretation, if adopted, shall bring in harmony all the sections regarding jurisdiction to deal with cases as well as try offences pertaining to unfair labour practices. Section 53(6) shall also be effective and shall not be redundant by this interpretation because in eventualities where only one of the trade unions of a respective Province feels aggrieved then he may bring his grievances or a complaint for taking action before the respective Labour Court provided the Commission has authorised it to take action. Thus, it is the Commission which has got jurisdiction in respect of offences regarding unfair labour practice if the industry is national wide or the registered trade unions are at national level. Simultaneously the Labour Court has the same jurisdiction in respect of all establishments and trade unions at the provincial level as well as it has jurisdiction if so authorised by the Commission in respect of all those establishments and trade unions, which are at national level. But the Labour Court shall not try any offences regarding illegal labour practice in respect of an establishment or trade union which is a country-wide or national wide establishment or union unless so authorised by the Commission. In the instant case it is admitted that Agricultural Development Bank of Pakistan is an establishment at the national level. Furthermore, the trade union of the employees of ADBP exists throughout Pakistan. It is, therefore, the NIRC which is the proper legal forum for trying offences relating to unfair labour practices. The Labour Court at Quetta could also try such cases only if it was so authorised by the Commission. Since nothing has been brought on record that the Commission has so authorised the Labour Court at Quetta, therefore, it had no jurisdiction to try contravention of section 15(d) and (f) of I.R.O. This is exactly what has been held in the i A impugned order by the Labour Court. 1, therefore, find no defect in the impugned order. The appeal having no force thus fails and is hereby dismissed as such with no order as to costs. H.B.T./32/Sr. Appeal dismissed.