1987 PLP 933 (PLC(CS))

1983 P L C 651 and P L D 1982 S C 130. rel. Nizamuddin Baloch for Appellant. Date of hearing: 17th December, 1986. This is an appeal filed by the appellants against an impugned order, dated 21‑5‑1986, passed by the Labour Court No.VIt, Sukkur, who had dismissed the grievance petition of the respondent under section 25‑A, I.R.O. 1969, but, with a direction that the respondent would be entitled to get his salary from the appellant for the period from July, 1983 upto 13‑12‑1983.

2. Briefly stated the facts of the case are that the respondent was appointed as Helper in the year 1974 and was working in Airport Development Agency, Sukkur Airport. That though the respondent was working regularly at Sukkur Airport but he was not paid his wages from July, 1983 and when on 4‑10‑1984, he demanded the same, the appellant ordered him to leave the Airport and was subsequently informed that his services had been terminated, without any reason or order in writing. He, thereafter, served a grievance notice upon the appellant and then submitted his grievance petition before the Labour Court.

3. The appellant resisted the case and also submitted certain legal objections on the maintainability of the petition, firstly, that there was no relation of 'master and servant' between the respondent and the appellant; secondly, that under section 23 of the Pakistan Civil Aviation Authority Ordinance 1982, the Industrial Relations Ordinance 1969 shall not apply to or in relation the Authority or any person in the services of the Authority; and thirdly, that as the Pakistan Essential Services Maintenance Act, 1952 was applicable to the appellant establishment, therefore, the Labour Court had no jurisdiction, thus, the petition be dismissed as not maintainable.

4. The respondent filed his affidavit‑in‑evidence and was duly cross‑examined, while, the appellant did not file his counter‑affidavit or any witness was examined. The learned Labour Court, thereafter, had dismissed the grievance petition of the respondent but directed the appellant to pay wages of the respondent for the period of July 1983 to 13‑12‑1983, hence this appeal.

5. I have heard Mr.Nizamuddin Baloch, the learned Advocate for the appellant and have also perused the record and proceedings of the case. In view of the submission of Mr.Nizamuddin Baloch, the learned Advocate, I have admitted this appeal. However, he further argued that as the provisions of Pakistan Essential Services Maintenance Act, 1952, were applicable to the appellant establishment, therefore, the learned Labour Court had no jurisdiction to entertain the grievance petition of the respondent under section 25‑A, I.R.O. 1969 and to pass the impugned order. He placed his reliance on the cases reported in 1983 P L C at page 651 and P L D 1982 (Supreme Court) at page

130. These authorities are very such applicable to the present case and I would, therefore, hold that the learned Labour Court had no jurisdiction either to entertain the grievance petition of the respondent under section 25‑A, I.R.O. 1969, or to pass the impugned order, which is hereby set aside, in toto. The appeal is allowed. Orders accordingly. M.Y.H./941/Lb.S Appeal allowed.