' SHEIKH AZMAT SAEED, J.---The learned counsel for the respondents has taken a preliminary objection that, inter alia, the Labour Court had no jurisdiction to adjudicate upon the matter as the appellants were employed on a MOD line and, therefore, I.R.O. Did not apply. In support of his contention he has relied upon the judgments reported as Divisional Superintendent Pakistan Railways, D.S. Office, Lahore and 2 others v. National Industrial Relations Commission through Chairman and others (2000 PLC 667) and Railway Worker's Union Regd. Through Sardar Shaukat Ali, General Secretary v. Government of Pakistan, Ministry of Railways, through Chairman, Railway Board, Lahore and 2 others (PLD 1995 Lah 333). It is further contended that even otherwise on merits the appellants were employed on temporary basis for 89 days.
2. The learned counsel for the appellants controverts the contentions raised by the learned counsel for the respondents and further states that the objection raised by the learned counsel was a mixed question of law and fact which could only be adjudicated upon after recording of evidence and there was no occasion for dismissing the grievance petition without recording of evidence.
3. It has been noticed from the impugned order that the question of jurisdiction had not been adjudicated upon. It is appropriate to remand the matter to the Labour Court who shall decide the same afresh including the question of jurisdiction. Consequently, the case is remanded to the Labour Court No,1, Lahore. Parties are directed to appear before the Labour Court on 10-7-2006.
Since the learned counsel for the respondents intends to raise objection as to jurisdiction, the said objection shall be decided first and within two weeks of the date of first appearance of parties before the Court. Consequently the impugned judgment is set aside, case is remanded and parties are directed to appear before the Labour Court on the date indicated above. The record of the Labour Court shall be remitted back forthwith.