MUSLIM COMMERCIAL BANK LIMITED vs MUHAMMAD ANWAR MANDOKHEL Ss — 2024 PLC 60 SUPREME-COURT

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MUSLIM COMMERCIAL BANK LIMITED VS MUHAMMAD ANWAR MANDOKHEL Ss. 2(xxxii), 53 & 54 --- Balochistan Industrial Relations Act (XIV of 2010), Ss. 52(4) & 55(3) [since repealed]---Constitution of Pakistan, Art. 141---Trans-provincial establishment---Industrial dispute related to trans-provincial employer---Provincial Labour Court, jurisdiction of---It is not the nature of the dispute, particularly, unfair labour practice, which confers jurisdiction on one or the other forum but it is the status of the employer or the group of employers, which would determine the jurisdiction of the Provincial Labour Court and that of the National Industrial Relations Commission ("NIRC")---Once it is established through any means that the employer or group of employers has an establishment, group of establishments, industry, having its branches in more than one Provinces, then the jurisdiction of the NIRC would be exclusive in nature and of overriding and superimposing effects over the Provincial Labour Court for resolving industrial disputes, including unfair labor practices, etc., related to such employers with establishments, branches, or industrial units in multiple provinces---Therefore, in such like cases recourse has to be made by the aggrieved party to the NIRC and not to the Provincial Labour Court---Furthermore Article 141 of the Constitution makes it abundantly clear that the Parliament has extra-territorial authority to legislate, but the Provincial Legislature has no legislative competence to legislate a law regulating the establishments and industries functioning at the trans-provincial level---Balochistan Industrial Relations Act, 2010 does invest the Provincial Labour Court with the authority to adjudicate upon the matters relating to the trans-provincial establishments, and even if it provides so, it cannot sustain under the law. Citation Name: 2024 PLC 60 SUPREME-COURTBookmark this Case MUSLIM COMMERCIAL BANK LIMITED VS MUHAMMAD ANWAR MANDOKHEL Special law and general law---Precedence---In the absence of a special law, the ordinary/general laws come forward to fill in the vacuum. Citation Name: 2024 PLC 60 SUPREME-COURTBookmark this Case MUSLIM COMMERCIAL BANK LIMITED VS MUHAMMAD ANWAR MANDOKHEL -Procedural law---Retrospective effect---Procedural law has retrospective effect unless the contrary is provided expressly or impliedly. Citation Name: 2024 PLC 60 SUPREME-COURTBookmark this Case MUSLIM COMMERCIAL BANK LIMITED VS MUHAMMAD ANWAR MANDOKHEL Question of jurisdiction of the court or a judicial forum assumes paramount importance as the foremost and pivotal consideration---It defines which court is competent to handle a case, where it should be heard, and what types of cases it can address---Such determination is the cornerstone of a fair legal process, ensuring that cases proceed efficiently, prevent delays, and maintain clarity.

MUSLIM COMMERCIAL BANK LIMITED vs MUHAMMAD ANWAR MANDOKHEL Ss — 2024 PLC 60 SUPREME-COURT

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