DECISION ' This appeal is directed against the order of Vth Sind Labour Court, Karachi, dated 28th February, 1984. The learned Labour Court returned the petition under Order VII, rule 10, C. P. C. To be presented before the Court having jurisdiction.
2. The facts as disclosed in the appeal are that the appellant was permanent and confirmed workman employed in the establishment of the respondents, namely, Sandoz (Pakistan) Limited as Assistant Operator. The appellant was charge-sheeted on 16th June, 1977 when he was working at the factory situated in Lyari Quarters at Karachi. The charges against the appellant were that he incited the workers and showed riotous dominent within the premises of factory on 16th June, 1977 when the factory was situated at Karachi and the Head Office of the respondents was situated at Karachi. The enquiry resulted in the dismissal of the appellant but this Tribunal by an order on 17th August, 1980 directed the respondents to conduct the enquiry afresh. The appellant was transferred to Jamshoro and the fresh enquiry was held at Jamshoro and he was again dismissed.
The appellant filed grievance application at Karachi before Vth Sind Labour Court at Karachi.
3. The learned Labour Court considering that the Court situated at Hyderabad had the jurisdiction because the appellant was dismissed in a fresh enquiry from Janishoro and, therefore, the Court at Karachi had no jurisdiction. On this ground the grievance petition was returned to the appellant to be presented at Hyderabad. This appeal was filed to challenge the impugned order.
4. I have heard the learned counsel Mr. M. L. Shahani and Mr. Muhammad Humayon, for the respondents.
5. I am referred to the Judgment of Division Bench of Sind High Court in the case of H C A 66/82 wherein in the similar situation it was held that the jurisdiction where the Head Office was situated as having concurrent jurisdiction. The Judgment is perused by me.
6. The facts recited in that case were that the worker originally working at the factory situated at Landhi till 9th August, 1980 and on the said date he was asked to report at appellants' Head Office which is situated at State Life Building, I. I. Chundrigar Road, Karachi, and when the said worker reported at the Head Office, on the next day i,e, on 10th August, 1980 he was delivered an order that his services are transferred from Head Office to the appellants' Branch Office at Lahore. On the same day the worker was relieved of his duties from the factory at Landhi. The question that arose whether the Labour Court at Karachi had the jurisdiction or the Labour Court at Lahore had the territorial jurisdiction. The following is the extract of the Judgment of their Lordships :- "In view of these facts when the service was terminated the jurisdiction of the respondent No, 1 in whose territorial jurisdiction the factory falls can be attracted, The jurisdiction of the Labour Court in whose territorial jurisdiction the Head Office is situated could also be concurrently invoked. We are, therefore, of the view that there was no lack of inherent jurisdiction in respect of No, 2 at the time of filing the case."
7. In the instant case the enquiry pertained to an incident of 1977 when the factory of the respondents was situated at Karachi when the enquiry protracted and a fresh enquiry was ordered and in the meantime he was transferred to Jamshoro. The Head Office was at Karachi and , that in view of the above decision the Karachi Court had the concurrent jurisdiction. Therefore, the order of the Labour Court in returning the grievance petition was not proper and is liable to be set aside.
8. It is to be noted that the Supreme Court also upheld the above decision of the Division Bench of Sind High Court and it was in Civil Appeal No, K-143/82, the copy of which is produced before this Tribunal. I hereby set aside the impugned order and remand the matter to the Sind Labour Court No, V at Karachi to decide it on merits. This is an old matter, it may be completed within three months. Both the parties are directed to appear before the said Labour Court on 16th February, 1985 for proper proceedings.