The petitioners are working in the respondent Authority/ establishment since long in different capacity . That all the petitioners are office-bearers of EPZA Mehnatkash Workers Alliance Karachi, as such they fall within the definition of workmen under Section 2(xxxiii) of the IRA, 2012. That the petitioners are perfo rming their duties on permanent posts continuously without any break and their performance is satisfactory to their superiors. Although the petitioners were performing their duties since many years on permanent post and acquired the status of a permanent workman yet they were neithe r treated as permanent workers nor had been provided facilities available under various labour laws inspite of several requests. That the respondents are annoyed with the office-bearers of the union due to their trade union activities and they are being extended threats and victimized, as such the petitioners have serious apprehension that the respondents would terminate/dismiss or transfer them as punishment and with mala fide intention have suspended all the petitioners. That in order to get their rights, the petitioners have formed a union, which is registered with Director Labour , Government of Sindh. That the petitioners are entitled for the fundamental rights as available under Acticle-17 of the Constitution of Islamic Republic of Pakistan, 1973. That the petitioners apprehending an adverse action towards their employment have filed the instant petition under section 54(e) of the IRA, 2012 with prayer to direct the Respondent No. 1/Chairman EPZA to restore to all the petitioners from their suspension and to stopped the illegal inquiry , which is in progress of the establishment of EPZA, direct the respondents not to terminate/dismiss or to transfer the petitioners and grant permanent injunction against the termination, dismissal and transfer in the interest of justice, to allow the petition and to declare the acts and steps of the respondents/EPZA and their connected persons as their acts of unfair labour practices and restrain permanently to respondents/EPZA and their representation, office-bearers, employees and other their connected persons from terminating, removing, dismissing, transferring or taking any other adverse action on the advice and pretext of the respondents due to pursuing for their legal rights and allowing them benefits of permanent workers, direct the respondents not to harass, pressurize, blackmail and threat to the petitioners in their employment and not to fort e them to leave the trade union activities. Hence, the instant petition.
2. The respondents have raised legal objection regarding maintainability of the instant petition and jurisdiction of this Commission as per notification dated 10.10.1982 whereby the Federal Government has exempted the Export Processing Zones Authority from the applicability of labour laws including Industr ial Relations Act, 2012, as such this petition is not maintainable and liable to be dismissed.
3. Arguments of both the learned counsel for the parties were heard on the point of maintainability . In support of his arguments, the learned counsel for the respondents has produced copy of order dated 24.9.2020 in Cases No. 4- B(58)/2015-12 and No. 4-B(59)/2015-12 passed by this Bench of Commission whereby petitions filed by the workers of EPZA were dismissed for want of jurisdiction.
4. Arguments heard, record perused, which transpires that vide notification dated 10-10-1982 whereby the Federal Government had exempted the EPZA from applicability of the labour laws. Since this notification was very old, therefore, the respondent was directed to seek clarification from the concerned Ministry regarding exemption of labour laws granted in the year 1982 whether it still exists or not. Now the learned counsel for the respondent vide statement dated 22.9.2020 produced copy of letter dated 18.9.2020 whereby the Ministry Industries and production Division, Government of Pakistan has clarified that the SRO No. 1004/82 dated 10.10.1982 is still valid, which means that the provisions of IRA, 2012 are not applicable to the respondent establishment i.e. Export Processing Zone Authority , therefore, this Commission lacks the jurisdiction to entertain this petition. There is nothing on record to show that this exemption from the applicability of labour laws including IRA, 2012 has been recalled/ cancelled by the Government, therefore, the instant petition is not maintainable.
6. For the aforesaid reasons, I am of the considered opinion that the respon dent, establishment i.e. Export Processing Zone Authority (EPZA) is excluded from the applicability of the Industrial Relations Act, as such this Commission has no jurisdiction to B adjudicate or entertain the instant grievance petition, which is not maintainable and the same is hereby dismissed accordingly alongwith stay application and contempt petition Bearing No. 7(159)/2019-K. There is no order as to costs. Files be consigned to record room.