Case Details

Citation(s)
1981 SLG 2050 1981 SLD 2050 1981 PLC 111
Labour Appellate Tribunal, Punjab
Civil Petition No. MN-344 of 1980/Pb., decided on 13th January, 1981.
CH. MUHAMMAD SIDDIQ, APPELLATE TRIBUNAL

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A & B INDUSTRIAL GASES LTD.

VS

ALLAH BAKHSH MALIK

Law:

Section:

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. Malik Mumtaz Akhtar for Petitioner. Ch. Nazir Hussain for Respondent. 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 first before deciding the case on merits. The Labour Court on 26-10-1980 passed the following order framing the preliminary issues and adjourned the case to 15-11-1980 for evidence and arguments:- "Written statement filed. Some preliminary objections have been taken. It is desirable that these issues should be disposed of first and then the matter may be considered on merits. The following prelimi­nary issues are…
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