1. AWARD MUSHTAQ HUSSAIN MUNIR (CHAIRMAN).-In thisapplication preferred by Muhammad Aahraf and 12 others employees of M. P. O. WAPDA Workshop, Lyallpur, under section 31 of the Industrial Disputes Ordinance, 1959, read with 'section 38 of the West Pakistan Industrial Disputes Ordinance; 1968, an allegation is made that wages of the applicants deducted without lawful authority, in violation of section 37 of, the West Pakistan Industrial Disputes Ordinance, 1968, by the respondent viz., Management of M. P. O: WAPDA Workshop, Lyallpur and it has been prayed that the respondent be directed to pay the claims with compensation and costs.
2. The application was opposed on grounds inter alla "that the Services of the employees of WAPDA have been declared essential under the provisions of Pakistan Essential Services (Main--tenance)
3. Act, 1952 and the matter in issue relates to conditions of service and wages of the applicants, therefore, this . . . . . Court has no jurisdiction to adjudicate upon this application".
4. Evidence of the parties had to be recorded on 12-12- 1968. The respondent was absent and the case was directed to proceed with ex pate. However, I did not record the evidence of the applicants in view of the aforementioned preliminary objection and adjourned the case to hear ex parte arguments with regard to it on 14-12-1968.
5. I have heard Mr. Abdul Majid Qureshi for the applicants.
6. The Pakistan Essential Services (Maintenance) Act, 1952 (hereinafter to be called the Act), as its preamble would show has been enacted to make provision for the maintenance of certain Essential Services. Section 3 of the Act as substituted by the Pakistan Essential Services (Maintenance) (Amendment) Act 1X of 1958, is to the following effect:- "Employment to which this Act applies.-(1) This Act shall apply to every employment under the Central Govern--ment and subject to the provisions of subsection (2), to any employment or class of employment which the Central Government may, by notification in the official Gazette, declare to be an employment or class of employment to which this Act applies.
(2) No declaration under subsection (1) shall be made in respect of any employment or class of employment unless the Central Government is of opinion that such employment or class of employment is essential-
(a) for securing the defence or the security of Pakistan or any part thereof, or
(b) for the maintenance of such supplies or services as relate to any of the matterswith respect to which the Parliament has power to make laws and are essential to the life of thecommunity.
(3) A declaration under subsection (1) shall remain in force for a period of six months which the Central Government, may be notification in the official Gazette, extend for further periods not exceeding six months at any one time."
7. Section 6 of the Act provides:- "Regulation of wages and conditions of service:-(1) The Central Government or Provincial or State Government may make rules regulating or empowering a specified authority to regulate the wages and other conditions of service of persons or of any class of persons engaged in any employment declared under section 3 to be an employment or class of employment to which this Act applies.
(2) When any such rules have been made or when any directions regulating wages or conditions of service have been given by an authority empowered by such rules to give them, any person failing to comply therewith is guilty of an offence under this Act."
8. In exercise of the powers conferred on it by section 6 (1) the Central Government framed rules known as the Pakistan Essential Services (Maintenance) Rules; 1962, rule 3 of the aforementioned Rules is as follows:- "The Central Labour Commissioner is hereby empowered -to regulate, subject to the other provisions of this rule, the wages and other conditions of service of persons or class of persons engaged in any employment or class of employment to which these rules apply."
9. "Central Labour Commissioner" has been defined in rule 2(b) to mean the Central Labour Commissioner appointed by the Government of Pakistan in the Ministry of Health, Labour and Social Welfare (Labour and Social Welfare Division), or the officer performing for the time being the functions of the Central Labour Commissioner so appointed.
10. The functions of the Central Labour Commissioner under the Pakistan Essential Services (Maintenance) Rules, 1962, were conferred on the Director of Labour Welfare West Pakistan, by the President of Pakistan in exercise of the powers conferred on him by Clause (I) of Article 143 of the Constitution, with the consent of the Provincial Government, vide Notification No. S. R. O. 193 (K)/65, Rawalpindi, dated the 8th of March '1965, published in the Gazette of Pakistan on March 19,1965.
11. The provisions of the Pakistan Essential Services (Main--tenance) Act, 1952. were made applicable by the Central Govern--ment by means of Notification No. S. R. O. 118 (R)/67, dated the 17th of June 1967, to employment in or in connection with the Organisations dealing with the generation, transmission, distribution and supply of electricity, to be a class of employment to which the Act applied. These were to remain in force for a period of six months. The period was further extended by the Central Government by means of Notification No. S. R. O. 221--(R)/67, dated the 13th of December 1967, and was to remain in force for a period of six months commencing on the 76th of December 1967. Further extension for six months was made on the 15th of June 1968, by Notification No. S. R. O. 101(R)/68 dated 15th of June 1968.
12. The President of Pakistan promulgated Pakistan Essential Services (Maintenance) (Amendment)
13. Ordinance III of 1965, on the 10th of February 1965, published in the Gazette of Pakistan, Extra-- ordinary, on the 15th February 1965. This was an Ordinance further to amend the Pakistan Essential Services (Maintenance) Act, 1952. By virtue of section 3 the following new section 7-A was inserted after section 7 of the Act.
14. "7-A. The provisions of this Act shall have effect, notwith--standing anything to the contrary contained in the Trade Unions Ac, 1926 (XVI of 1926) or the Industrial Disputes Ordinance, 1959 (LVI of 1959), or any other law."
15. The last mentioned provisions of law has ousted the juris--diction of the Industrial Court to adjudicate the question of wages or other conditions of service applicable to the class of persons to whom the Act has been made applicable by Notification.
16. Mr. Abdul Majeed Qureshi representative of the applicants contended that NVAPDA was performing various duties. Genera--tion, transmission, distribution and supply of electricity was one of them therefore, the workshop of which the applicants are the employees, is not covered by the Notification. According to him, the workshop may be manufacturing or repairing machinery, which may be used for water supply, which was also one of the functions of WAPDA I do not agree with him, because he did not deny, that the workshop may also be manufacturing or repair--ing machinery with regard to electricity as well lam, therefore, of the opinion, that since WAPDA is an `organisation' dealing with transmission, generation, distribution and supply of electricity. It is fully covered by the provisions of the Act and the rules framed thereunder, and the Industrial Court is incompetent to adjudicate upon matters relating to wages or conditions of service of its personnel.
17. The grievance of the applicant's is with regard to their wages. I am, therefore, of the confirmed view, that I have no jurisdiction to entertain their application and the same deserves dismissal art this ground alone. It is dismissed accordingly,