Law:

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Industrial Relations Ordinance (XXIII of 1969)- ---- Ss. 25-A & 37-Appellate order-Original order stands merged in appellate order-Grievance petition dismissed by Labour Court mainly on ground of non-maintainability- Management offering to consider domestic appeal against impugned dismissal order while facing appeal before Labour Appellate Tribunal-Appeal disposed of accordingly on such offer of Management--Domestic appeal rejected-Fresh order of Management impugned again by way of a grievance petition before Labour Court-Contention that subse­quent appeal was hit by bar of res judicata because of earlier peti­tion-Contention rejected-Original dismissal order, in circum­stances, held, stood merged with order passed on appeal and passing of such order gave a fresh cause of action-Res judicata- Civil Procedure Code (V of 1908), S. 11. Wasiullah Qureshi for Appellant. Sultan Allana for Respondent. Date of hearing : 21st February, 1981. ORDER These 2 appeals are directed against 2 separate but similar decisions both given on 3rd August, 1980 dismissing the grievance petitions filed by the appellants, on the ground that they were barred by res judicata. 2. The circumstances in which these 2 appears have been filed briefly stated are that the appellants, Iqbal Mujeeb and Jamshed Farooq were respectively employed as a Clerk and a Cashier in the Nawaz ­Shah Branch of the respondent-Bank. Both of them were dismissed from service on 12th August, 1978 on the charges, of misconduct. Both the appellants preferred separate grievance petitions to the learned VIIth Labour Court at Sukkur. These 2 petitions were dismissed by the learned Labour Court mainly on the ground of non-maintainability of the petitions and for want of jurisdiction. The appellants preferred appeals to this Tribunal against the dismissal of their grievance petitions. This Tribunal by its order, dated 9th January, 1980 disposed of the 2 appeals on the offer made by the respondent-Bank, which was accepted by th­e appellants, that the appeals preferred by the appellants against the orders of their dismissal would be duly considered by the competent authority in the respondent-Bank. It appears that no less…

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