1976 PLP 116 (PLC)

Muhammad Sabir Qureshi has brought this appeal under section 36-D of the Industrial Relations Ordinance, 1969, (hereinafter mentioned the Ordinance) challenging the order dated 27th September of the learned Presiding Officer, Junior Labour Court, Rahimyar Khan, whereby his petition under section 25-A of the Ordinance was dismissed. The grievance of the appellant relates to the implementation of Demand No. 18 of Strike Notice, dated 29th January 1974 approved by the respondent Management (Hyesons Sugar Mills Ltd., Jetha Bhutta, Khanpur), vide settlement reached between the parties on 9th February 1974. Demand No. 18 agreed to by the respondent reads as follows: Every bagging clerk/lab. analyst with a length of three years service will be made permanent. The case of the appellant is that on the date of the aforesaid settle ment he had served the establishment as a bagging clerk for more than three years by serving during the seasonal intervals of mo-e than six months duration every year and thus became entitled to be made a permanent employee of the establishment. It is maintained that as the respondent instead of making him permanent in service ordered termination of his service on 20th May 1974, he moved the learned Court below for redress. The learned Junior Labour Court dismissed the appellant's petition by holding to the effect that the matter of confirmation or promotion of an employee was beyond the jurisdiction of that Court, nor could it deal with the case of violation of agreement. The appellant contends that the Junior Labour Court was legally empowered to go into the grievance of the appellant as having arisen out of a right accrued to him under a settlement between the parties under section 25-A of the Ordinance. The contention of the respondent is that the Junior Labour Court has no jurisdiction to deal with an industrial dispute and as such any breach in the settlement between the parties could only be taken cognizance by this Court under section 34 of the Ordinance. It is further contended that a petition under section 34 of the Ordinance has been filed by the C. B. A. with regard to the same dispute in this Court and on that score the Court could not go into the same question in the present appeal before giving its decision on that petition. Under subsection (1) of section 25-A of the Ordinance a worker may, bring his grievance in respect of any right secured to him under any settlement to the notice of his employer and if the employer fails to give a satisfactory decision thereon the matter can be taken by him to the Junior Labour Court by himself or through a shop steward or Trade Union' concerned. Subsection (5) provides that in adjudicating and determining any such grievance the Junior Labour Court shall go into all the facts and pass such orders as may be just and proper in the circumstances of the case. In the present case no dispute can be made of the fact that there was a settlement between the parties as a result of strike notice on 9th February 1974. The settlement did contain the term that every bagging clerk with a length of three years service will be made permanent. This being so, the termination of the appellant's service despite having served the establishment beyond a period of three years was a question which required and adequate enquiry under subsection (5) of section 25-A of the Ordinance, which clearly provided that in adjudicating and determining the grievance under subsection (4) the Junior Labour Court shall go into all the facts of the case and pass such order as may be just and proper in the circumstances. The grievance referred to in subsection (4) may be in respect of any right either guaranteed by or under any law or secured under any award or settlement for the time being in force. Such being the situation the learned lower Court could scarcely disown its jurisdiction in regard to the resolving of the dispute which was clearly conferred upon it. No doubt a similar provision is made in section 34 of the Ordinance conferring the same jurisdiction on the Labour Court when a C. B. A. or any employer applies for the enforcement of any such right. Noteable difference between the two provisions is that when a grievances takes the form of an industrial dispute and the grievance is agitated by the C. B. A. or an employer, it is the Labour Court alone which can go into the dispute. On the other hand if the grievance is con fined to an individual worker and it is decide by him alone to get the dispute resolved, no Court other than a Junior Labour Court will be seized of the jurisdiction in the first instance. This is why sub section (4) of section 25-A makes it clear that when any such individual grievance is brought before the Junior Labour Court it shall give its decision within the prescribed period as if such matter were an industrial dispute. These words leave no doubt as to the jurisdiction of that Court which extends to the dealing of an individual grievance in the nature of an industrial dispute. There were some of the important questions to be gone into by the Junior Labour Courts, namely :- (a) Whether the appellant could be regarded as having served the establishment for more than three years as bagging Clerk through his service of seasonal intervals ; (b) Whether any intention other than the one that every bagging Clerk employed by the respondent for the seasonal terms extend ing beyond three years were to be made permanent could be gathered from the approval of Demand No, 18,

vide settlement, dated 9th February 1974 ; (c) Whether the implementation of the said clause of settlement could be avoided by the force of any law, or regulation for the time being in force. Since the petition under section 25-A was dismissed on a preliminary point of jurisdiction which has been found to be vested in the Junior Labour Court, the matter needs to be reheard and decided afresh securing a right of appeal to the parties on the factual findings given in due course. The appeal is therefore accepted and the case remanded to the learned Junior Labour Court to proceed in the matter accordingly and give its decision afresh.