' The titled appeal challenges the correctness of the decision, dated 18-7-1984 recorded by the learned Presiding Officer, Punjab Labour Court No,?, Gujranwala, whereby the grievance petition of the appellant for his re-instatement in service was dismissed.
2. The appellant was dismissed on the allegation of committing misconduct. The learned lower Court has dismissed the grievance petition on the ground of lack of jurisdiction. The case of the respondent before the learned lower Court was that Essential Services (Maintenance) Act has been made applicable, so the Labour Courts have no jurisdiction. The respondent failed to bring on the record all the notifications relevant to the case but in Appeal No,10 of 1983 titled as "Muhammad Shafi v. Sui Northern Gas Piplines Limited" wherein all the relevant notifications right from March, 1981 to 1983 were produced which showed that without any break Pakistan Essential Services (Maintenance) Act of 1952 was made applicable to the respondent. No doubt, the appellant was not a party to that appeal but since the notifications relate to the respondent, a different and contrary view cannot be taken. When once it has been held that the Pakistan Essential Services (Maintenance) Act has been made applicable to the respondent, it cannot be held that it does not apply without any material on the record to the contrary. According to PLD 1982 SC 113 which emerged from a case of dismissal of an employee of the respondent, forum of remedy is not any other Court except the one provided in section 7(5) where the Pakistan Essential Services (Maintenance) Act applies. So there is no scope to say that the learned lower Court has jurisdiction to give remedy to the appellant.
3. As a result, the appeal fails and is dismissed in limine.