KIPS ACADEMY vs ZAHID MEHMOOD Preamble, Ss — 2025 PLC 148 PESHAWAR-HIGH-COURT

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KIPS ACADEMY VS ZAHID MEHMOOD Preamble, Ss.1(3), 2(ii), 3, 15(1), 15(2) & 17---Employee of trans-provincial establishment---Dispute over refusal to pay legal dues/service benefits---Jurisdiction of Authority under the Khyber Pakhtunkhwa Payment of Wages Act, 2013 (Act, 2013)---Scope---Authority and Labour Court concurrently allowed the claim application of the employee---Petitioner-Establishment filed civil revision raising objection as to jurisdiction of Authority under Act, 2013 to entertain claim application of the employee, as under the Industrial Relations Act, 2012 (Act, 2012), a dispute between an employee and trans-provincial establishment was to be determined by the National Industrial Relation Commission (NIRC)---Validity---In the Act, 2012 the jurisdiction of the Authority established under the Act, 2013 had not been excluded and similarly, in the Act, 2013 too there was no concept of trans-provincial establishment which obviously meant that the domain and functions of NIRC as established under the Act, 2012 and that of an Authority as established under the Act, 2013 were not in conflict qua their sphere of jurisdiction rather they were independent forums duly accommodating the powers and functions of each other---Thus, even if there was a dispute between an employee and of trans-provincial establishment, and if any branch of such establishment was situated within the province of Khyber Pakhtunkhwa then an Authority established under the Act, 2013 had the jurisdiction to entertain a claim of the employee, hence, the objection of the petitioners-establishment had no legal substance---Before High Court on one hand, the petitioner-establishment raised an objection of jurisdiction of the Authority under the Act, 2013, however, on the other when the Authority passed the order, the petitioner itself surrendered by filing an appeal before the Labour Court under S. 17 of the Act, 2013, thus, when a petitioner had neither raised such objection at the initial stage and when it had surrendered itself to the jurisdiction of the Authority as well as appellate forum established under the Act, 2013 then at a belated stage such objection of the petitioner could not be appreciated---Act, 2013 had provided a complete mechanism for the redressal of grievances of an employee and similarly it had also specifically described the class of employees as well as the categories of the establishments to which the Act, 2013 was to be applicable---Civil revision was dismissed, in circumstance.

KIPS ACADEMY vs ZAHID MEHMOOD Preamble, Ss — 2025 PLC 148 PESHAWAR-HIGH-COURT

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