| Citation(s) |
|---|
| 1972 SLD 3052 = 1972 PLC 89 |
Sindh Labour Appellate Tribunal
Application No. 4 of 1971, decided on 19th April 1971.
Presented By: Hidayat Hussain, Chairman
Abdul Majeed for Applicant. Mahmood Abdul Ghani for
Respondents.
Application No. 4 of 1971, decided on 19th April 1971.
Presented By: Hidayat Hussain, Chairman
Abdul Majeed for Applicant. Mahmood Abdul Ghani for
Respondents.
S. M. FARID
VERSUS
MUHAMMAD EBRAHIM & Co. LTD., KARACHI AND ANOTHER
Law: Industrial Relations Ordinance, (XXIII of 1969)
Section: 2(xiii), 36(2), 43
Industrial Relations Ordinance (XXIII of 1969), Ss. 2(xiii), 36(2) & 43 read with Civil Procedure Cole (V of 1908), O. X XXIX, rr. 1 & 2-Temporary injunction--Labour Court to follow provi sions of O. XXXIX, rr. 1 & 2, Civil Procedure Code, 1908 only while adjudicating industrial dispute in terms of S. 36(2), Industrial 'Relations Ordinance, 1969-Employee having filed application: under S. 34, Industrial Relations Ordinance, 1969, against termination off' his service seeking grant of temporary injunction--Held: though there was an industrial dispute as defined under S. 2 (xiii) but an industrial dispute, in circumstances, could not be deemed to exist in terms of S. 43, Industrial Relations Ordinance, hence provisions of O. XXXIX, rr. 1 & 2, regarding temporary injunctions not applicable. ORDER Applicant S. M Farid, Electroplator was a workman- with the respondents Muhammad Ebrahim & Co. It is alleged that he submitted his resignation on 29th of March 1971. He has filed an application under section 34 of the Industrial Relations Ordinance, 1969 in which he has prayed that his services may not be terminated by the respondents. Trough this application he wants a temporary injunction pending disposal of the main application against the respondents requiring them to allow him to continue in service. 2 The respondents have answered that the applicant had submitted his resignation on the 29th of March 1971,…