1986 PLC 401

DECISION

This is a grievance petition of one Muhammad Fahimuddin who was employed in Shaheen High School, Shahrah‑e‑Faisal, Karachi, for one year on probation. His services were terminated after one year and, he, therefore, filed a petition under section 25‑A, I.R.O., 1969, before the Sind Labour Court No. IV, Karachi.

2. This is an appeal against the order of the Labour Court, dated 27‑8‑1984, rejecting the plea that section 1 of the Industrial Relations Ordinance, 1969 excludes the jurisdiction of the Labour Court. The Institution Shaheen High School was controlled by Pakistan Air Force and the definition as given in section 1 of the I.R.O., 1969 is as follows : ‑

"This Ordinance may be called Industrial Relation Ordinance, 1969. It shall not apply to any person employed in Police, or any of the Defence Service of Pakistan and any service of installation, connected with or incidental to the Armed Forces of Pakistan..."

3. The educational institutions are not industries. This is decided by the Division Bench of Sind High Court in the case of Employees Union Jamia Karachi v. Registrar, Trade Unions Sind and others 1981 P L C 403. Again, there is an authority 1975 P L C 354 in Aisha Bawany Academy Girls School, Karachi v. Qadir Bux. The Impugned order has quoted this authority. It was held in this authority that educational institution is not an industry.

4. By my Judgment, dated 31‑7‑1985 in Appeals Nos. KAR‑547 and 548 of 1982, in the case of Muhammad Mudabbir v. Director, Building Research Station, Karachi, this Tribunal also held that an educational institution or the Training Centre were not industries.

5. Due to this legal point, the appeal in grievance petition would not lie and, therefore, the appeal is dismissed in limine.

A.E. Appeal dismissed.