Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- -- Ss. 47 & 37 read with Civil Procedure Code (V of 1908), S. 151 and O. XXXIX, r. 2-Main application against termination of service of office-bearers of Union without Court's permission-Interim order maintaining status quo, in such case, held, amounts to an "interim award" hence appealable. Main issue in the present case was that the Workers Union had applied to the Labour Court that during the pendency of the industrial dispute the services of the office-bearers of Union could not be terminated under the Road Transport Corporation West Pakistan (Removal of Undesirable Employees) Ordinance VIII of 1965 without permission of the Labour Court under section 47 of the Industrial Relations Ordinance, 1969. An interim stay order maintaining status quo was granted by the Labour Court under Order XXXIX, r. 2 read with section 151, Civil Procedure Code, 1908. Appeal against the interim stay order was resisted on the plea that it was not appealable. It was on the other hand stressed that in any case the impugned order was an interim award. Held: "The demand in the industrial dispute was that show-cause notice issued under section 3 of Road Transport Corporation West Pakistan (Removal of Undesirable Employees) Ordinance VIII of 1965 should be withdrawn and the Labour Court was of the opinion that the provisions of section 47 of industrial Relations Ordinance, 1969 override the provisions of West Pakistan Ordinance VIII of 1965. The Labour Court has issued an interm order in an industrial dispute the award of which is appealable. The decision in such case on an application under Order XXXIX and section 151 of Civil Procedure Code, 1908 would also be an interim award and appealable." Road Transport Corporation, Lahore v. Liaqat All and another 1970 P L C 266 distinguished. Workers and Staff Union, Lyallpur Cotton Mills, Lyalipur v. The Manage­ment, Fauji Lyallpur Cotton Mills Limited, Lyallpur Appeal No. LYP-85/72 rel. Mahmood Zamani for Appellant. Nazir Ahmad Naz for Respondent. Date of hearing: 7th June 1973. ORDER An Industrial Dispute No. 8/73 between the Government Transport Service Labour Union, Lyallpur, and…

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