1. AJMAL MIAN, C.J.--The petitioner, by this petition, has impugned the order dated 20-12-1980, passed by respondent No,2, N.I.R.C., in respect of respondent No,1. The above petition has been filed on the ground that since the Essential Services Act, 1952, was applicable to the employees of the petitioner, respondent 2 had no jurisdiction. The reliance has been placed on the case of Karachi Electric Supply Corporation Ltd. v. National Industrial Relations Commission (PLD 1982 SC 113), in which the Honourable Supreme Court has taken the view that the NIRC had no jurisdiction in respect of the employees of the KESC as the Essential Services Act was applicable the order, therefore, is without jurisdiction. However, the learned counsel for respondent, I, Mr. Zaheer Ahmed Arain, has submitted that the petitioner by their subsequent orders dated 10-11-1985, and 21-1-1988 have regularized respondent's service and he has been working with the petitioner.
2. We would allow the above petition and declare the above impugned order as being without lawful authority but observe that this would not affect the subsequent orders passed by the petitioner for regularisation of respondent's service. However, we may record that Mr. Fariduddin Advocate has submitted that he has no instructions on the question whether factually the petitioner had regularised the service.
3. The petition stands disposed of with no order as to costs.