' BASHIR AHMED MEMON (MEMBER).--- By this single order I would like to dispose of legal objection raised by the respondents in both the cases as the respondent management is same and the cause of action for filing the present grievance petitions is also of same nature.
2. In the present cases the respondents have raised legal objection IA that both the applicants were serving at Islamabad since their appointment as such this Bench of Commission is not vested with the IA jurisdiction to entertain the present grievance petitions.
3. Earlier vide order dated 19-3-2013 this Bench of Commission had directed both the parties to adduce their evidence on the issue whether this Bench of Commission is having jurisdiction or not.
4. On 7-6-2013 Labour Representative for the applicants submitted a statement that inspite of leading evidence, this Bench of Commission shall decide the issue of territorial jurisdiction on the basis of record available on case files.
5. Both the applicants were appointed by the respondent management vide their appointment letters said to have been issued by Head Office, situated at Karachi and both these applicants were appointed as Circle Leader (Logistic) at Islamabad Warehouse. Their services have been terminated vide termination letter dated 2-11-2012 on the ground that their services have become redundant and surplus and no longer required by the company. Both the applicants were served with termination letters at Islamabad Warehouse. It is the contention of learned counsel for the respondents that since the applicants were serving at Islamabad, where their services have been terminated, as such this Bench of Commission is not competent to entertain present grievance petition and the petitions have been filed before the wrong forum and are liable to be dismissed on this sole ground.
6. On the other the Labour Representative for the applicants was of the view that since the termination letters have been issued from the Head Office of respondent management situated at Karachi, as such this Bench of Commission is fully competent to entertain the petition as there is no any specific provision in Industrial Relations Act, 2012 for determining the territorial jurisdiction and in support of his contention he has relied upon 2005 PLC 147.
7. I have considered the arguments and have gone through the relevant record and case-law.
8. Beside case-law Chairman, NIRC under Stand Order No,1 of 2004 dated 5-8-2004 has defined the territorial jurisdiction of this Commission i,e, Islamabad, Lahore and Karachi according to which Member posted at Islamabad shall hear the cases which are pertaining to Islamabad and Rawalpindi District except to the cases falling within the functions and power of RITU. Accordingly the Member posted at Karachi shall hear the cases which are instituted pertaining to Province of Sindh.
9. Admittedly the applicants have served at Islamabad and both of them also reside at Rawalpindi Division and in a similar cases reported in 1993 PLC 349 it was observed by their Lordships of Honourable Karachi High Court that:--- "Presiding Officer of one Labour court had no jurisdiction to exercise and powers with reference to any dispute, falling within territorial limits of other Labour Court."
'In a very similar when an employee of MCB was terminated by Regional Manager, MCB on the allegation of misconduct. The gi ievance petition was filed by the employee before the Labour Court No,VI, Hyderabad and it was observed by his lordship Mr. Justice Muhammad Moosa K.
Laghari in case reported in 2006 PLC 247 that the employee who was posted at Kandiaro District Nawabshah has filed his grievance petition before the Labour Court which was not having the jurisdiction. It is a very same case here as both the applicants were posted at Islamabad and have filed their grievance petitions before this Bench of Commission which is not competent and having no jurisdiction to entertain the petitions of employees working at Islamabad.
In the light of above discussion I am of my opinion that this Bench of Commission has no jurisdiction to entertain these grievance petitions which are dismissed accordingly. However the applicants are at liberty to file the grievance petitions before competent forum, if so desire.