MUHAMMAD MUNIR PERACHA, J.---Syed Muhammad Ilyas retired from the service of Associated Press of Pakistan Corporation on 31-10-1997 as Chief Reporter. On his retirement, he was paid Provident Fund of Rs,2,91,648 calculated on the basis of his basic salary. With the averment that he was entitled to get the Provident Fund calculated on the basis of his wages, he approached the Tribunal constituted under section 12-A of the Newspaper Employees (Conditions of Service) Act, 1973. A preliminary objection was raised before the Tribunal that the Tribunal has no jurisdiction in the matter. However, the learned Tribunal came to the conclusion that it had the jurisdiction and vide order dated 28-5-2004 held:-- "10. In view of the aforesaid discussion I hold that the APP has violated the provisions of the Newspaper Employees (Conditions of Service) Act, 1973. They are directed to rectify their omission/commission and pay the difference of arrears on wages i.e, including the House Rent Allowance and General Transport Allowance, to the petitioner with equal contribution from the side of the petitioner over and above that amount which has already been paid to the petitioner on this account i.e, the Provident Fund Account, but paid on basic pay."
2. Associated Press of Pakistan approached this Court through the present writ petition.
3. The only question to be determined is whether the Tribunal constituted under section 12-A of the Newspaper Employees (Conditions of Service) Act, 1973 had the power to pass the order it had passed?
4. Sections 12-A, 13, 13-A and 13-B were added in the Newspaper Employees (Conditions of Service)
Act, 1973 through the Newspaper Employees (Conditions of Service) Amendment Act, 1976. Section 12-A(1) reads as under:-- "12-A. Tribunal.---(1) The Federal Government may, by notification in the official Gazette, constitute a Tribunal consisting of one or more members to implement the decision of the Board under section 11."
5. The Tribunal was constituted to implement the decision of the Board under section 11 of the Act.
Board is defined in section 2(a) of the Act to mean the Wage Board constituted under section 9.
Section 13(1) of the Act enumerates powers of the Tribunal which are:--
(a) to try an offence punishable under section 55 of the Ordinance, if the offence relates to failure to implement any decision of the Board;
(b) of its own motion, or on the application of a party, to withdraw from any Court (except the Supreme Court or a High Court ) any application, proceedings or appeal relating to such an offence and dispose of it; and
(c) refer any such application, proceeding or appeal to any such competent Court for disposal."
6. Subsection 4 of section 13 would also be relevant which provides:-- "(4) the Tribunal shall have the power to issue a direction which a Labour Court has under subsection (1) of section 51 of the Ordinance."
7. Section 3 of the Act provides that a Newspaper Establishment employing a newspaper employee shall furnish to him an order in writing showing the terms and conditions of service. Section 4 provides that services of Newspaper Employee shall not be terminated by a newspaper establishment without any cause shown through a notice in writing of such termination. Section 5 deals with the Provident Fund which a newspaper employee is entitled to get. Section 6 deals with hours of work. Section 7 determines the leave to which a newspaper employee is entitled. Section 8 deals with the medical care of the employee.
8. After going through the provisions of the Newspaper Employees (Conditions of Service) Act, 1973, one can reach a conclusion that some of the conditions of service of newspaper employees are mentioned in the Act itself like sections 4, 5, 6, 7 and 8. However, section 9 has conferred power on the Federal Government to constitute a Wage Board, which has been given the jurisdiction to fix the rates of wages in respect of newspaper employees. Section 10 gives the criteria on the basis whereof Wages of the newspaper employees are to be fixed by the Board. The decision of the Board is to be taken to be an award of the Commission. Section 17 of the Act provides that the West Pakistan Industrial and Commercial Employees Standing Order, 1968 shall except Standing Order 2 and clauses (1) and (2) of Standing Order 12 apply to newspaper employees subject to the provisions of the Newspaper Employees (Conditions of Service) Act, 1973. Similarly, the provisions of Industrial Relations Ordinance are applicable to the newspaper establishment subject to the provisions of the Act.
9. Sections 17, 18 and 19 of the Act are reproduced hereunder:--
17. W.P. Ordinance (VI of 1968) to apply to newspaper establishment.---The provisions of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 (W.P.
Ordinance VI of 1968, as in force for the time being, other than those contained in Standing Order 2 and clauses (1) and (2) of Standing Order 12 thereof, shall, subject to the other provisions of this Act, apply to every newspaper establishment wherein ten or more newspaper employees are employed or were employed on any day of the twelve months preceding the coming into force of this Act as if such newspaper establishment were an industrial establishment to which the aforesaid Ordinance has been applied by a notification under clause (c) of subsection (4) of section 1 thereof, and as if a newspaper employee were a workman within the meaning of that Ordinance: ' Provided that the provisions of this section shall not apply to a person who is employed as the Editor of a newspaper.
Explanation.--For the avoidance of doubt, it is hereby declared that provisions of Standing Orders 10-B and 11 clauses (6) and (18) of Standing Order 12 and Standing Order 15 of the aforesaid Ordinance shall apply only to a newspaper establishment which fulfils the conditions laid down therein.
18. Ordinance XXIII of 1969 to apply to newspaper employees.---Subject to the other provisions of this Act the provisions of the Ordinance shall apply to, or in relation to, newspaper employees, as they apply to, or in relation to, workmen within the meaning of the Ordinance: ' Provided that nothing in this section applies to a newspaper employee-
(i) Who is employed mainly in a managerial or administrative capacity, or is the Editor of a Newspaper;
(ii) who, being employed in a supervisory capacity, performs, either because of the nature of duties attached to his office or by reason of the powers vested in him, functions mainly of a managerial nature.
19. Effect of laws and agreements inconsistent with this Act.--(1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the term of any award, agreement or contract of service, whether made before or after the coming into force of this Act: ' Provided that, subject to the provisions of section 73 of the West Pakistan Employees' Social Security, Ordinance, 1965 (W.P. Ordinance No,X of 1965), where under any such award, agreement, contract of service or otherwise, a newspaper employee is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this Act, the newspaper employee shall continue to be entitled to the more favourable benefits in respect of that matter notwithstanding that he receives benefits in respect of other matters under this Act.
(2) Nothing contained in this Act shall be construed to preclude any newspaper employee from entering into an agreement with an employer for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would be entitled under this Act."
10. Section 17 of the Act shows that except for the provisions of Standing Order 2 and clauses 1 and 2 of Standing Order 12 of the West Pakistan Industrial and Commercial Employees (Standing Orders)
Ordinance, 1968, the rest of the Standing Order are applicable to a newspaper establishment wherein 10 or more newspaper employees are employed or were employed on any day of the twelve months preceding the coming into force of the Act with an exception of Editor of the newspaper to whom, the Standing Order would not be applicable. If there be any inconsistency between the Standing Order and the Provisions of the Newspaper Employees (Conditions of Service) Act, the provisions of the Act shall prevail. Similarly, the provisions of Industrial Relations Ordinance, 1969 are applicable subject to the provisions of the Act and there are only two exceptions to this, which are mentioned in provisos (i) and (ii) of the Act. By reading the above- mentioned provisions together, it can be safely concluded that the Tribunal constituted under section 12-A of the Act has a very limited jurisdiction. The Tribunal can exercise jurisdiction only with regard to the implementation of the decision of the Wage Board. If the claim of the Newspaper employees is based upon the provisions of sections 4, 5, 6, 7, or 8 of the Newspaper Employees (Conditions of Service) Act, 1973 or the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 or any agreement or settlement or an award other than an award of the Board or upon rights guaranteed under any other law, the employee shall invoke the jurisdiction of the Labour Court or the National Industrial Relations Commission. The jurisdiction of the Tribunal can only be invoked if claim is based on the decision of the Wage Board. In the case 'in hand, the claim of the respondent Syed Muhammad Ilyas Shah is based on the provision of section 5 of the Newspaper Employees (Conditions of Service) Act, 1973. The Implementation Tribunal constituted under section 12-A, therefore, had no jurisdiction in the matter. In the present case, the respondent Syed Muhammad Ilyas Shah having retired, is not covered by the definition of worker within the meaning of section 25-A of Industrial Relations Ordinance. He, therefore, had a remedy of filing a civil suit.
11. For the reasons stated above, the order passed by the Implementation Tribunal is declared to have been passed without lawful authority having no legal effect. The respondent Syed Muhammad Ilyas Shah, if so advised can approach an appropriate forum for the redressal of his grievance. There is no order as to costs.