Case Details

Citation(s)
1981 SLG 3056 = 1981 SLD 3056 = 1981 PLC 111
Labour Appellate Tribunal, Punjab
Civil Petition No. MN-344 of 1980/Pb., decided on 13th January, 1981.
Presented By: Ch. Muhammad Siddiq, Appellate Tribunal
Malik Mumtaz Akhtar for Petitioner. Ch. Nazir Hussain for
Respondent.

A & B INDUSTRIAL GASES LTD.

VERSUS

ALLAH BAKHSH MALIK

Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 36

Law: Civil Procedure Code (V of 1908)

Section: O. XIV, rr. 2, 5, 151

Industrial Relations Ordinance (XXIII of 1969)  S. 36 read with Civil Procedure Code (V of 1908), O. XIV, rr. 2, 5 and S.151-Adjudication of disputes-Practice and procedure Framing of issues-Respondent making application under r. 2, O. XIV of Civil Procedure Code, 1908, for deciding preliminary objections before taking up case on merit-Labour Court framing preliminary issues and adjourning case for evidence and arguments Petitioner on next date praying for framing additional issue on-merits Request of petitioner granted and issue on merit also added for decision or case in its entirety-Order of Labour Court challenged on plea that having framed issues it could not review its earlier order and could not add additional issues before deciding preliminary issues Subsequent order of Labour Court, held, did not amount to review but deemed to have been passed under r. 5, O. XIV of Civil Procedure Code, 1908-Court empowered to frame preliminary issues, held, also empowered to amend same or add additional issues-Order of Labour further, held, in conformity with true spirit of Labour Laws that cases should be disposed of. in entirety at earliest and not in piece meal.                                                                                                                                               JUDGMENT Allah Bakhsh Malik, respondent, filed a petition under section 25-A of the Industrial Relations Ordinance, 1969, before Punjab Labour Court No. 8, Bahawalpur in July, 1980. In their written statement the Management raised several preliminary objections and also opposed the petition on merits. On 25-10-1980 the Management filed an application under Order XIV, rule 2 read with section 151 of the Code of Civil Procedure, praying that the preliminary objections, which go to the root of the case, be disposed of…
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