Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- --S. 47(2) read with West Pakistan Industrial and Commercial Employ­ment (Standing Orders) Ordinance (VI of 198), S. 15-Dismissal of workmen during pendency of industrial dispute before Conciliator ­Neither permission of Conciliator obtained nor inquiry into charges of misconduct, held, under S. O. 15, Industrial and Commercial Employ­ment (Standing Orders) Ordinance-Order of Junior Labour Court re-instating workman concerned maintained. Ch. Abdul Karim, Assistant Traffic Manager for Appellant. Mirza Nazir Ahmad Naz for Respondents. ORDER These appeals are preferred against one consolidated order passed by the learned Junior Labour Court No. 2, Lyallpur, on the petitions of the respondents, under section 25-A of the Industrial Relations Ordinance 1969, by which they were re-instated. As common question of law and fact is involved in both the appeals, I also propose to dispose them of by one order. Brief facts rising to these appeals are that Mr. Shabbir Hussain, conductor No. 125 and Mr. Safdar Hussain, conductor No. 52 and one Mr. Muhammad Yousaf, driver No. 194 of the G. T. S., Lyallpur were dismissed by the management on the charge of fraud and corruption under section 3 of the Road Transport Corporation (West Pakistan) Removal of Undesirable Persons Ordinance, 1965. They went to the Junior Labour Court and by its impugned order they were re-instated. Road Transport Corporation had filed appeals against this order. So far as it relates to Muhammad Yousaf driver, he has been re-instated with back benefits for the reasons best known to them. Learned Representative of the Board has urged before me that the above cited Ordinance of 1965 is a special enactment therefore, this Court has got no jurisdiction. Learned representative of the respondents is of the view that as an industrial dispute was pending before the conciliator at the time of…

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