| Citation(s) |
|---|
| 2015 SLG 2804 2015 SLD 2804 2015 PLJ 56 |
Labour Appellate Tribunal, Quetta
Labour Appeal No. 12 of 2013, decided on 20.9.2013
ABDUL GHIAS NOUSHERWANI, MEMBER
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Labour Appeal No. 12 of 2013, decided on 20.9.2013
ABDUL GHIAS NOUSHERWANI, MEMBER
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IRRIGATION & POWER CANAL Labour court UNION Balochistan, Quetta--Appellant
VS
Balochistan IRRIGATION & POWER EMPLOYEES UNION, Quetta through its President and 2 others--Respondents
Law:
Section:
Balochistan Industrial Relations Act, 2010-- ----Ss. 12(3) & 24 & 55(3)--Application for restraining for holding election of union--All branches of irrigation department were not establishment--Jurisdiction of Labour Court was challenged--Validity--Petition was dismissed with direction for conducting of referendum and such relief was not sought by respondent/applicant in his petition against settled principle of law, but neither referred any provision of law nor any authority of Superior Courts--Civil Court under CPC has inherent power with regard to relief not claimed and under circumstances, Court can grant mould relief to avoid further litigations. [Pp. 60 & 63] A, B & C Judgment 1. It will be pertain to mention here that inspite of service of notice, Respondent No. 3 did not appear. Therefore he was proceeded ex-parte. 2. The short facts of instant appeal are that the Respondent No. 1 filed application under Section 12(3) read with Section 24 of Balochistan Industrial Relation Act 2010. With the following prayer: "It is therefore respectfully prayed to direct the Respondent No. 2 to issue CBA certificate to the applicant under Section 24 and also cancelled the registration, pray in the interest of Justice." After submission of written statements the Learned Presiding Officer came to the conclusion that a same matter between the same parties is already pending before Learned Labour Court 2nd Sibi and concluded as under: "In the aforementioned discussion, situation and circumstances, I am in view that respondent Union has proved the objection 'B' therefore, it is accepted. Now there is no need to discuss the remaining two objections, because it is proved that matter in hand is not maintainable under Sections 10 and 11 read with Order II Rule 2 of CPC, therefore, I do dismissed the petition" 3. The available record reveals that the Appellant/Respondent No. 1 approached the Learned Presiding Officer 2 Sibi Labour Court with the following prayer, "It is accordingly respectfully prayed that necessary proceedings be drawn against the Respondent No. 1 and he be awarded punishment for performing illegal Labour practice on the part of worker in the…
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