Case Details

Citation(s)
1981 SLG 2214 1981 SLD 2214 1981 PLC 360
Labour Appellate Tribunal, Sindh
Application No. KAR-656 of 1980, decided on 2nd November, 1980.
Z. A. CHANNA, APPELLATE TRIBUNAL

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SHEBAR KHAN

VS

PRESIDING OFFICER, SIND LABOUR COURT No. V, KARACHI

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 15 & 53 read with Criminal Procedure Code (V of 1898), Ss. 369 & 561-A-Labour Court-Not competent to review its own Order passed on complaint. The Labour Court had directed issuance of summonses to accused on a complaint under sections 15 and 53 of the Industrial Relations Ordinance, 1969 but on same day review its order and instead directed that a preliminary enquiry be held in the matter. The record was sent for by the Labour Appellate Tribunal in exercise of suo motu powers of revision under section 38(3-a) of the Ordinance and held : "unlike the Civil Procedure Code, the Criminal Procedure Code contains no provision empowering a criminal Court to review its orders. So far as orders, which fall within the definition of s as contemplated by section 369, Cr. P. C. are concerned, there is a complete bar to altering or modifying the same after they have been signed. Even other orders which are: not s for the purposes of section 369, Cr. P. C. cannot ordinarily be reviewed even under section 561-A, Cr. P. C., which section deals with the inherent powers of the High Court. If the High Court is not competent to ordinarily review its orders even in the exercise of its inherent powers under section 561-A, Cr. P. C., much less a subordinate Court is competent to review its orders. The subsequent order of the Labour Court, reviewing its earlier order, is without jurisdiction and not warranted by law. Syed Qamaruddin Hassan for Respondent. Nemo for the Complainant. Date of bearing : 2nd November, 1980. ORDER The record and proceedings in Criminal Complaint No. 24 of 1979, under section 25-A (8), I. R. O., pending before the learned fifth Labour Court, have been ' sent for, in the exercise of the suo motu powers of revision vesting in this Tribunal under section (3-a) of section 38, I. R. O., in order to examine the correctness, legality and propriety of the order, dated 8-5-1979, by which .the learned Labour Court purported to review its earlier order, passed on the same day; directing issuance of .summonses to accused Nos. 2 and 3 in the complaint filed by complainant Shebar Khan, and instead directed that…
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