| Citation(s) |
|---|
| 2015 SLG 2709 2015 SLD 2709 2015 PLJ 193 |
Lahore High Court
W.P. No. 6112 of 2014, decided on 13.5.2014.
MAHMOOD AHMAD BHATTI, J.
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W.P. No. 6112 of 2014, decided on 13.5.2014.
MAHMOOD AHMAD BHATTI, J.
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PRINCIPAL SARDAR KAUREY KHAN, PUBLIC HIGHER SECONDARY SCHOOL, MUZAFFARGARH and anothers
VS
PUNJAB Labour court APPELLATE TRIBUNAL NO. II, MULTAN and 2 others--Respondents
Law:
Section:
Constitution of Pakistan, 1973------Art. 199--Constitutional Petition--Service of teacher was terminated--Interim order was assailed--Operation of was partially stayed to extent of back benefits to be awarded--Grounds of appeal--Question of maintainability of writ petition against interim order--Validity--Questions being raised before High Court regarding maintainability of grievance petition and jurisdiction to adjudicate upon same have been raised by petitioners in appeal--Petitioners was specifically asked to withdraw appeal before he could be allowed to call into question jurisdiction through writ petition--Duplication of proceedings are neither practicable nor permissible in law--Petitioners might either continue with their appeal before or press ahead with instant petition, after withdrawing appeal filed by them before Labour Appellate Tribunal--They cannot be allowed to adopt such a course at cost/expense of rights and interests of respondent--It rests with respondent as to how it exercises its jurisdiction at time of entertaining an appeal and/or how it proceeds to suspend operation of an impugned wholly or partially--Its hands cannot be forced by petitioners and under no circumstances can they be allowed to regulate proceedings of respondent--Petition was dismissed. [Pp. 195 & 196] A, B, C & D Order Through this petition, the petitioners have assailed the following interim order dated 05.05.2014 passed by the Punjab Labour Appellate Tribunal No. II, Multan:-- `Meanwhile, appellant-institution will take the Respondent on duty as teacher till the final decision of the instant appeal. However, to the extent of back benefits order dated 28.03.2014 passed by learned Labour Court No. II, D.G. Khan is hereby suspended till next date, subject to notice.' 2. This writ petition arises out of a grievance petition made by Mst. Firdous Fatima, Respondent No. 3 before Punjab Labour Court No. II. D.G. Khan. It was alleged by her that she was a Teacher by profession and that her service was terminated by the petitioners vide order dated 27.06.2007, without any valid and cogeng reasons. 3. It is pertinent to mention that the petitioners allegedly conducted an…
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