1. ' Brief facts leading to present petition are that on 28-5-1988 respondent No, 1 submitted a complaint under section 61 of the Industrial Relations Ordinance against petitioners before Presiding Officer Labour Court, Quetta. Petitioners filed their reply on 6-6-1988 wherein besides denying the accusations, an objection with regard to jurisdiction of Labour Court to entertain said proceedings on account of section 22-A, subsection (8)(f)(ii) and subsection (11) was raised.
2. Subsequently towards 25-6-1988 petitioners submitted another application, challenging jurisdiction of trial Court. It appears that respondents 2 and 3 also raised similar objections before the trial Court. However, learned Presiding Officer-I, Labour Court, Baluchistan by means of order dated 3-8-1988 rejected objection pertaining to jurisdiction. Being dissatisfied from the same present petition was filed on 25-8-1988 under section 38(3-A) of I.R.O.
3. 1969.
2. Mr. Muhammad Riaz Ahmed, learned counsel for petitioners vehemently urged that Pakistan Telecommunication Union (Traffic) is Industry-wise Trade Union with Head Office at Gujranwala, therefore, by virtue of section 22-A(8)(f) read with subsections (11) and (12), National Industrial Relations Commission has exclusive jurisdiction for entertaining grievance set out in the complaint by respondent No,
1. Learned counsel consequently maintained that Labour Court had no jurisdiction to adjudicate upon the matter.
4. ' Whereas Mr. K.N. Kohli, Advocate for respondent No, 1 referring to provisions of section 22-A(8)(f)(i)
5. (ii), sections 35 and 64 of Industrial Relations Ordinance strenuously urged that jurisdiction of Labour Court for entertaining complaint for offence under I.R.O. Are concurrent.
6. ' Representatives of respondents 2 and 3 were present, but they addressed no arguments.
7. ' Since point raised in the petition was of considerable importance therefore M/s. Rafiqul Hassan Siddiqui and K.N. Kohli, Advocates were requested to address the Court as amicus curiae.
8. ' Both the counsel contended that subsection (8)(1)(i) and (ii) of section 22-A, I.R.O. Expressly confers specific jurisdiction on 'National Industrial Relations Commission' except those matters which are covered by unfair labour practice as indicated in subsection (12) of section 22-A, I.R.O.
9. According to both the learned counsel, in the instant case, Labour Court had no jurisdiction to entertain the complaint because petitioners were members of Nation Wide Trade Union registered with N.I.R.C. They submitted that action of trial Court was devoid of lawful authority, therefore, revisional jurisdiction within the purview of section 38(3)(a) could be legitimately exercised.
10. ' I have considered the arguments raised by learned counsel for parties and learned amicus curiae.
11. Before dilating upon rival contentions, it would be profitable to reproduce relevant provisions of I.R.O. Around which determination of points in issue revolves.
12. ' Section 22-A (1)
13. (2)
14. (3)
15. (4)
16. (5)
17. (6)
18. (7)
(8) The following shall be the functions of the Commission, namely:-
(a) to promote the formation of trade unions of workers within the same industry whether in establishments within a Province or in more than one Province and Federations of such trade unions;
(b) to promote the formation of federations at the national revel;
(c) to adjudicate and determine an industrial dispute to which an industry-wise trade union or a federation of trade unions is a party and any other industrial dispute which is in the opinion of the Federal Government of national importance and is referred to it by that Government;
(d) to register industry-wise trade unions, federations of such trade unions and federations at the national level;
(e) to determine the collective bargaining agents amounts industry-wise trade unions, federations of (such) trade unions and federations at the national level;
(i) to try offences of unfair labour practices punishable under:-
(i) section 53, other than subsections (1) and (5) thereof; and
(ii) any other section, in so far as they relate to employers or workers in relation to an industry-wise trade union, federation of such trade unions, a federation at the national level or officers of such union or federation: (g)
(h) ................
(i) ..................
(9) The Commission may, on the application of a party, or of its own motion.--
(a) initiate prosecution, trial of proceedings or take action with regard to any matter relating to its functions; and
(b) withdraw from a Labour Court any application proceedings or appeal relating to unfair labour practice.
(10) ...............
19. (10-a)
(11) Save as provided in subsections (10-a) and (12) no Registrar, Labour Court or Tribunal shall take any action, or entertain any application or proceedings in respect of any matter which falls within the jurisdiction of the Commission.
(12) Nothing in this section shall be deemed to exclude the jurisdiction of a Labour Court to entertain cases of unfair labour practices on the part of employers or workmen, whether individually or collectively: ' Provided that no Court, including a Labour Court, shall take any action or entertain any application or proceedings in respect of a case of unfair labour practice which is being dealt with by the Commission.
20. ' Section 35.
(2) ................
(3) ................
(4) omitted.
(5) All Labour Courts shall:-
(a) Adjudicate and determine an industrial dispute which has been referred to or brought before it under this Ordinance,
(b) enquire into and adjudicate any matter relating to the implementation or violation of a settlement which is referred to it by the Provincial Government,
(c) try offences under this Ordinance and such other offences under any other law as the Provincial Government may, by notification in the official gazette, specify in this behalf, and
(d) exercise and perform such other powers and functions as are or may be conferred upon or assigned to it by or under this Ordinance or any other. Section 64.
21. ' Trial of offences.--(Save as provided in this Ordinance), no Court other than a Labour Court or that of a Magistrate of the First Class shall try any offence punishable under this Ordinance.
22. Bare reading of section 22-A(8) sub-clauses (f)(i) and (ii) suggests that National Industrial Relations Commission tends to promote formation of industry-wise trade unions requiring registration under clause (d) besides exercising jurisdiction to try cases specified under the law.
23. Furthermore, Labour Courts or other Tribunals under section 22-A, subsection (11) of I.R.O. Have been expressly excluded from entertaining proceedings regarding offences falling within the jurisdiction of the Commission. Whereas jurisdiction of Labour Court and Commission for dealing with cases of unfair Labour practice is concurrent by virtue of subsection (12).
24. ' No doubt section 35(c), I.R.O. Regulates jurisdiction of Labour Courts for trying offences under the Ordinance, but same is obviously dependent upon exclusiveness of jurisdiction contained in sub- clause (11) of section 22-A, I.R.O. Similarly bar contained in section 64 is relatable to all offences other than those exclusively falling within the ambit of National Industrial Relations Commission.
25. ' Mr. K.N. Kohli learned counsel for respondent No, 1 however, attempted to argue that, bar contained in section 64 overrides all other provisions, thereby extending jurisdiction of Labour Courts, to entertain all types of offences, contemplated by I.R.O. I am afraid that, such construction would be apparently conflicting with section 22-A, subsection (11), I.R.O. And would thus render it redundant contrary to spirit of interpretation. Obviously every attempt should be made by the Court to harmonise different parts of a statute. Besides interpretation which may cause redundancy to any portion of a statute must be rejected, by making all possible efforts to resolve alleged repugnancy or inconsistency. Therefore, considering broad principles of interpretation, and carefully analysing import of section 22-A(11) of section 35(c) read with section 64, I.R.O. I am inclined to observe that matters falling within the domain of National Industrial Relations Commission as enumerated in section 22-A (including subsections (8) and (9)), I.R.O. Shall be exclusively entertained or regulated by National Industrial Relations Commission except when otherwise expressly prescribed.
26. ' Whereas in all other matters covered by Industrial Relations Ordinance, 1969 Labour Courts would obviously have jurisdiction. Thus there does not appear any inconsistency in different provisions of I.R.O.From the foregoing discussion I have no hesitation in concluding that Labour Court was not competent to entertain grievance petition in respect of Industry-wise Trade Union functioning at National level as contemplated by section 22-A(8)(f)(ii), I.R.O.
27. ' Resultantly petition is accepted and proceedings initiated by respondent No, 1 before Labour Court are declared to be without lawful authority. Petition is disposed of accordingly with no order as to costs. Before parting I wish to express note of appreciation for the assistance rendered by learned amicus curiae.