Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- ---Ss. 34 & 25-A read with Civil Procedure Code (V of 1908), O. XXXIX, r. 2-Stay order-Employer intending to close a branch of establish­ment and serving lay-off notice on some of its workers-Workers' Union as Collective Bargaining Agent making application to Labour Court under S. 34 alleging that lay-off was based upon mala fide intention---Workers' Union praying for temporary stay order restraining employer from removing from removing from service such workers pending decision of its application-Employer challenging locus standi of Union and jurisdiction of Labour Court on plea that Union bad no right guaranteed to it .â-žk1q under law, settlement or award which was violated and workers if aggrieved could seek redress before Junior Labour Court under S. 25-A-Competency of application and jurisdiction of Court, in circumstances, held, require determination after recording of evidence regarding alleged mala fide intention-Petitioner, in circumstances, held, had prima facie arguable case and balance of convenience being in favour of petitioner-Union stay order, applied for granted. Rana Sakhawat Ali for 'Petitioner. Abdul Hakeem Sahota for Respondent. ORDER I have heard the learned counsel for the parties about the stay application The under-consideration stay application arises out of an application under section 34 of Industrial Relations Ordinance, 1969 filed by the petitioner­ Union which is obviously C.B.A. in the establishment of the respondent and the said application declaration has been sought that the alleged lay-off of 22 workers employed in Lacquering Section of the respondent-Mills, was based on mala fide and was illegal and wrongful and therefore, the workers, employed in the said section were entitled to continue in the service. In the application for stay order it is prayed that the respondent-establishment might be restrained till decision of the application filed under section 34 of the Industrial Relations Ordinance, 1969 from removing the employees, whose list is given in the application, from service on the basis of the notice of lay­ off served by the respondent on 22nd July 1974. This…

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