Law:

Section:

(a) Appeal (Civil)-- ----Appellate Court, powers of---Scope---Appeal is continuation of original proceedings therefore Appellate Court would have all powers available to Trial Court. (b) Interpretation of statutes-.. ----No part of statute is to be treated as redundant. Ghulam Muhammad Memon v. Shabir Ahmed, Presiding Officer, III-Sindh Labour Court, Karachi and others 1993 PLC 349 rel. (c) Industrial Relations Act (IV of 2008)- ----S. 55(9)---Order of Labour Court directing reinstatement of workman---Appeal before Labour Appellate Tribunal---Disposal of appeal within 20 days after staying operation of impugned reinstatement order--Guidelines for Labour Appellate Tribunal stated. The period prescribed under proviso to section 55(9) of Industrial Relations Act, 2008 is directory in nature. If matter is delayed in the Labour Appellate Tribunal due to any act on the part of, a Tribunal or even its office, the principle that act of the court prejudices no one will be applicable. Just as workman cannot be burdened due to delay on part of the Tribunal, employer should also not be burdened if the matter is delayed by the Tribunal. Employer cannot be allowed to obtain stay order and thereafter prolong the matter and thus prolong agony of the workman. Similarly, workman should not be allowed to prolong the matter before the Labour Appellate Tribunal. Since the period of 20days is prescribed for disposal of the appeal, the Tribunal shall not adjourn the matter for more than 20 days at any time. If on the date fixed, employer -seeks adjournment, it will be available to Tribunal to consider question of recalling interim order or to impose cost on the employer on to refuse adjournment. If on the other hand, workman seeks adjournment, the Tribunal shall extend interim order till next date of hearing. Such guidelines can be given by the High Court. The proviso to section 55(9) of Industrial Relations Act, 2008 is directory in nature and the Labour Appellate Tribunal is duty bound to watch conduct of the parties and if it comes to the conclusion on any date that employer is seeking adjournment and delaying the matter, it has right to impose cost or recall interim order or to…

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