' An objection is taken by recourse to this Constitutional petition to a finding, recorded on a jurisdictional fact with regard to the maintainability of the petition under section 25-A of the I. R.
0. By a newspaper employee 1. e. The editor. The background of the case is that Mr. Maroon Saad, respondent No, 3, Editor of Imroze earlier moved a petition (W. P. No, 1832-S/74) challenging the termination of his employment which was dealt with by me in limine and dismissed on 10.10.1914 holding that the procedure and forum provided under Industrial Relations Ordinance was available to him under the Newspaper Employees (Conditions of Service) Act, 1973. He thereafter went to the Junior Labour Court and obtained relief from it. The petitioner challenged the Junior Labour Court's decision in the Labour Court which upheld the finding of fact that the petitioner was not governed by the proviso to section 18 of the Newspaper Employees (Conditions of Service) Act, 1973 and the proceedings were competent in the Labour Court. On the merits of the claim however a remand to the Junior Labour Court has taken place. The same question which was examined by me in W. P.
No, 1832-S/1974 is once again requited to be examined and this time in the background of evidence with regard to the duties of an editor which post the respondent held immediately before the termination of his service. As the name of the post itself suggests an editor is required to edit the newspaper or the periodical and if any administrative supervisory or managerial duties have been entrusted to him in addition to his duties as an editor his main function thereby is not in any manner diluted. His post does not come to acquire or become supervisory or managerial simply because apart from being an editor he is required to discharge certain duties of this nature. It has, therefore, been correctly held that the provisos to section 18 of the Act are not applicable to him and that he is competent to invoke the jurisdiction of the Labour Court. There is no defect in this finding of jurisdictional fact and this petition is dismissed in limine.