PAKISTAN ATOMIC ENERGY COMMISSION Versus SULTAN MASIH

JUSTICE CH. MUHAMMAD TARIQ, CHAIRMAN.--- This appeal has been directed against the impugned order dated 17.12.2012 passed by the learned Punjab Labour Court No.4, Faisalabad.

2. Before dilating upon the merit of the case the question of jurisdiction has been raised by the appellant who has contended that Industrial Relations Laws are not applicable on the employees of appellant Authority which fact was ignored by the learned Labour Court while deciding the grievance petition. Hence appeal be accepted and impugned order as well as grievance petition be set aside.

3. Conversely learned counsel for the respondent has vehemently opposed the objection of jurisdiction raised by the appellant side on two grounds firstly that the question of jurisdiction was not raised before the learned Labour Court and secondly, that the appellant despite repeated direction of the learned Labour Court did not provide the notification whereby the Pakistan Atomic Energy Commission was declared organization working under the control of Authority upon which the Industrial Relations Laws are not applicable hence, the appeal is not proceedable it be dismissed.

4. Arguments of both the side heard, record perused.

5. The word Authority has been defined in the National Command Authority Act, 2010 whereby the authority means the National Command Authority established under Section 3 of National Command Authority Act Section 3 of the said act provides as under:--

"Establishment of the Authority . (1) The National Command Authority already established by the competent authority shall deem to be the Authority established under this Act."

6. The question remain whether the Pakistan Atomic Energy Commission comes under the definition of Authority as provided under clause (A) of Section 2 of the above said Act.

7. Sections 8 and 9 National Command Authority Act, 2010 further elaborate as under:-

"(8) Strategic Organizations . All the Organizations working under the control, regulations and directions of the Authority and such bodies as may be notified by the Authority shall be the Strategic Organizations under this Act.

(9) Employees of Authority. (1) Notwithstanding anything contained in any other law, judgment of any Court or Tribunal for the time being in force or any procedure etc., hitherto followed by the Authority, all employees and officials working in the Strategic Organizations, upon notification of the said organizations under Section 8, shall with immediate effect be deemed to be the employees in the service of the Authority.

Provided that no employee shall be treated on terms and conditions less favorable to the ones which he was availing as per his terms and conditions of employment.

(2) The Authority shall regulate all the matters relating to terms and conditions of the service of the employees in the service of the Authority, including their appointment and removal, promotion, transfer, integrity assessment, reliability, security clearance, and other related matters;

Provided that the employees working in the service of the Authority who are subject to the Pakistan Army Act, 1952 (XXXIX of 1952), Pakistan Air Force Act, 1953 (VI of 1953) and Pakistan Navy Ordinance, 1963 (XXXV of 1963), shall also be governed by this Act and rules made thereunder:

Provided further that the Pakistan Army Act, 1952 (XXXIX of 1952 shall be made applicable in respect of employees in the service of the Authority to whom Section 2 of the said Act applies or employees in the service of the Authority for whom a notification under Section 8 of the aforesaid Act is issued.

(3) The Authority shall categorize the nature of service of the employees on the basis of the sensitivity of the functions and then shall frame rules, criterion, assessment basis for each set of employees and no employee shall have a vested right for any post, assignment, emoluments, promotion, privileges, transfer, deputation etc."

8. According to Subsection (1) of Section 9, the appellant comes under the direct control and supervision of Pakistan Atomic Energy Commission therefore, this Tribunal or the learned Labour Court lacks jurisdiction to entertain the grievance petition or any such matter of an employee of the Authority under the Industrial Relation Laws.

9. The up short of the above discussion is that learned Labour Court No.4, Faisalabad has erred while taking the cognizance of an employee of the Authority who directly comes under the definition of authority. Hence this appeal is accepted and impugned order is set aside.

HBT/11/PLT Appeal accepted.