2003 PLP 272 (PLC)

(d) the appeals pending in the Labour Appellate Tribunals shall stand transferred to the respective High Courts from the date of commencement of this Ordinance and it shall not be necessary for the High Court or recall any witness or to record any evidence that may have been recorded".

4. Similarly sections 6 and 24 of the General Clauses Act, 1897 also reproduced as under:-- "

6. Effect of repeal

Where this Act, or any (Central Act) or Regulation made, after the commencement of this Act; repeals any enactment hitherto made or hereafter to be made, then, unless as different intention appears, the repeal shall not:-- (a) revive anything not in force or existing at the time at which the repeal takes effect; or (b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, legal proceedings or remedy in respect of any such right, privileges, obligation. liability, penalty, forfeiture or punishment as aforesaid; any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the repealing Act or Regulation had not been passed".

24. Constitution of orders, etc., issued under enactments repealed and re-enacted. Where any (Central Act) or Regulation is, after the commencement of this Act, repealed without modification, then unless it is otherwise expressly provided, any (appointment, notification), order, scheme, rule, form or bye-law, (made or) issued under the repealed Act or Regulation, shall, so far as it is not inconsistent with the provisions re-enacted continue in force, and be deemed to have been (made or) issued under the provisions of so re enacted, unless and until it is superseded by any (appointment, notification), order, scheme, rule, form or bye-law, (made or) issued under the provisions so re-enacted (and when any) (Central) Act or Regulations, which, by a notification under section 5 or 5-A of the Schedule Districts Act, 1874 (XIV of 1874), or any like law, has been extended to any local area, has by a subsequent .notification been withdrawn from and re-enacted to such area or any part thereof, the provisions of such Act or Regulation shall be deemed to have been repealed and re-enacted in such area or part within the meaning of this section".

5. In this regard help is also sought from a case-law "Gul Zamin v. Sarfaraz Khan" (1984 SCMR 374) by Mr. Justice Muhammad Haleem, Acting Chief Justice, Mr. Justice Shaflur Rehman and Mr. Justice Zaffar Hussain Mirza, the relevant portion of which is given as under:-- "(a) Constitution of Pakistan (1973)

Art.185(3)--N.-W.F.P. pre-emption Act (XIV of 1950), S.15- Land Reforms Regulation, 1972 (MLR 115), Para. 25 (as amended by Land Reforms (Amendment Act (XLVIII of 1976)--Leave to appeal granted to tenant, a plaintiff in pre-emption suit to examine whether High Court took a correct view of law that notwithstanding amendment, introduced in para. 25, MLR No.115 taking away jurisdiction of Civil Court to adjudicate in matter, decision given by such Court was valid and effective in law--(jurisdiction). (b) Constitution of Pakistan (1973)

Arts.246(b) & 247(3),--Land Reforms Regulation, 1972 (MLR 115) para. 25 (as amended. by Land Reforms (Amendment) Act (XLVIII of 1976)--Ouster of jurisdiction of Civil Court by Land Reforms (Amendment) Act, 1976--Land Reforms (Amendment) Act (XLVIII of 1976) not shown to have been extended and applied to Provincially Administered Tribal Areas in manner required under Art. 247 (3), Constitution of Pakistan (1973)--Held, therefore, no extension of provisions so far as ouster of jurisdiction of Civil Court was concerned in Provincially Administered Tribal Territory--Civil Court had jurisdiction to adjudicate matter".

6. In view of the provisions of the repealed Ordinance, i.e. The Industrial Relations Ordinance, 2002 (XCI of 2002), General Clauses Act, 1897 and inference drawn from the case-law (1984 SCMR 374) and in absence of extension of repeal Ordinance, 2002 to the Provincially Administered Tribal Areas it is safely presumed that extension of The Industrial Relations Commission, 1969 has not been repealed and the extension is still in the field.

7. As such the case in hand governs under the old law, i.e. Industrial Relations Ordinance, 1969 and the appeal pertaining to Provincially Administered Tribal Areas lies to the Labour Appellate Tribunal (Peshawar High Court) till the new enactment is extended to the Provincially Administered Tribal Areas. Resultantly the appeal is disposed off in the above terms which shall be returned to the appellant for presentation before a appropriate forum. S.M.B./762/P Order accordingly.