SALAHUDDIN Versus SAUDI ARABIAN AIRLINES, KARACHI

DECISION

The appellant had been working with the respondents since 1980 and came to be dismissed on 6‑2‑1991 allegedly without any enquiry. This action was challenged in a petition before the Labour Court under section 25‑A of the I.R.O., 1969.

2. In the Written Reply inter alia it was contended that the petition was not maintainable as the Sindh Government Notification dated 8‑11 1990 had exempted the respondents from all the provisions, except section 6, of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1908. It was further alleged that the petition itself was barred by time.

3. The question of the maintainability of the petition itself was taken up as a preliminary issue and in view of the decision in the case of Asrar Ahmed Saifie v. Country Manager, Pakistan Saudi Arabian Airlines and another reported in 1987 PLC page 873, it came to be dismissed as not maintainable.

4. The view of this Tribunal has also consistently been that the issuance of a Notification under section 8 of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 will divest the jurisdiction of the Labour Court.

5. As the law stands, the impugned order is not open to any exception, I will, therefore, dismiss the appeal.

H.B.T./2208/Lb.S

Appeal dismissed.