Law: Civil Procedure Code (V of 1908)

Section: O. XXXIX, r. 4, 10

Industrial dispute - Ad interim injunction Applicant Present: Shaft Muhammad R. Akhund, Chairman Workers  having filed appeal before Labour Tribunal against ad interim  and Kassam Usman Kandawala, Member Employee Injunction order of Labour Court simultaneously making application before Labour Court seeking setting aside of same-Held, though there was no specific bar for filling such application during pendency of appeal, applicant cannot seek remedy in two forums simultaneously which may result into conflicting decisions-Civil procedure Code (V of 1908), O. XXXIX, r. 4 & S. 10.                                                                                                                                               ORDER                     In this application under Order XXXIX, rule 4, C. P. C., the applicants seek setting aside the order of Ad interim Injunction granted to the respondent-Union by this Court on 13th June 1972. The Ad interim Injunction was granted, as the result of an application moved by the respondent-Union, restraining the applicants from dismissing, discharging, retrenching, laying off or terminating the services of the members of the respondent-Union on any account including closure of business or re-organisation, during rte pendency of their application under section 34 of the Industrial Relations Ordinance, 1969. The case of…