ORDER This is a petition under section 38 (5) of Industrial Relations Ordinance, 1969 by V. S. Martin, petitioner, against the Deputy Managing Director, Messrs Energoinvest Company, Lahore, respondent, for non-compliance of the order dated 22-9-1973 of Junior Labour Court No. 1, Lahore, whereby the petition of the petitioner under section 25-A of Industrial Relations Ordinance, 1969 against his dismissal from service in the respondent-Company, was accepted and he was ordered to be re-instated with all back benefits from the date of his illegal dismissal.
2. The learned counsel for the respondent not only resisted the petition on merits but also raised a preliminary objection that the petition was not competent as the Junior Labour Court No. 1, Lahore* was not subject to the appellate jurisdiction of this Tribunal. Section 38 (5) of Industrial Relations Ordinance, 1969 reads as follows:-- "The tribunal shall have authority to punish for contempts of its authority, or that of any Labour Court subject to its appellate jurisdiction, as if it were a High Court." The learned counsel for the respondent contended that the respondent had neither committed any contempt of this Tribunal nor that of any Labour Court subject to the appellate jurisdiction of this Tribunal. According to section 36-D of Industrial Relations Ordinance, 1969 an appeal lies to a Labour Court against the decision of a Junior Labour Court and the decision of the Labour Court is final. Therefore, it is clear that a Junior Labour Court is not a Court which is subject to the appellate jurisdiction of this Tribunal and as such the Tribunal cannot punish for any contempt having been committed against a Juuior Labour Court. The only remedy which is available to the petitioner would be, to proceed under section 36-B of Industrial Relations Ordinance, 1969 where in it is provided that if the order of the Junior Labour Court is not given effect to or complied with within a week or within a period specified in such order, the defaulter shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both. 3, In view of the above I find no merit in this petition which is hereby dismissed.