Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- ---Ss. 25-A & 36 (2) read with Civil Procedure Code (V of 1908), O. XXXIX, rr. I & 2-Temporary injunction--Labour Court not invested with all powers of civil Court under Civil Procedure Code, 1908 but only with procedural powers required for adjudica­tion and determination of industrial dispute-Grievance petition under S. 25-A-To be heard and decided as an industrial dispute--­Railway employee filing grievance petition against order of his promotion on plea that promotion will involve loss of running allowance - Temporary injunction in such case, held, not necessary for adjudicating and determination of dispute-Labour Court, held, had no jurisdiction to pass temporary injunction against Pakistan Railway in matter of such promotion order. Brooke Bond (Pakistan) Ltd. IV. IInd Labour Court P L D 1973 Kar. 618 fol. A. M. Javed for Appellant. S. M. A. Alvi for Respondent. Date of hearing : 8th October, 1980. ORDER Separate applications under section 25-A, I. R. O., were filed by 3 employees of the Pakistan Railways, praying that the order, dated 8th May, 1980, issued by the Railway Department, promoting them to a higher cadre, be declared as invalid and without lawful authority. These applications were made in view of the fact that on promotion the appli­cants would lose financially due to being deprived of the running allow­ance which they are receiving in their present assignments. Alongwith these applications, the three applicants also submitted applications under Order XXXIX, rules 1 and 2, C. P. C. praying for the issuance of a tem­porary injunction restraining the Railway administration from promoting the applicants during the pendency of their grievance petitions. The lear­ned the Labour Court, vide its order, dated 12th June, 1980, rejected the applications made by two of the applicants, namely, Merajuddin and Mureed Mussain, but granted the application for temporary injunction made by respondent Abdul Razzaq, on the ground that there was a sort of settlement between him and the Railway administration that in case he did not opt for promotion. He was to refund the amount incurred by the Department as…

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