Law:

Section:

Industrial Relations Ordinance, (XXIII of 1969)-- ---Ss. 25-A(8) & 38(5)--Complaint for punishing respondent and directions for reinstatement in service--Not competent in subsistance of stay order issued by High Court--Tribunal declined to act as complainant by bringing a complaint against respondent. Petitioner in person. Respondent in person. Date of hearing: 29th June, 1982. ORDER This is a complaint brought under section 25-A(8) for punishing respondent and for directing him to reinstate the complainant. The respondent brought a writ petition to the High Court and secured a stay order on 26-4-1979. On the application of the complainant probably to the effect that the writ petition had become infructuous, the writ was dismissed on 25-5-1982 and in this manner the stay granted in it came to an end. The complainant informed the respondent by means of his application dated 29-5-1982 about the dismissal of the writ petition and asked him to reinstate him in compliance with the order of the Labour Court. The respondent made another writ petition and got a stay order on 23-6-1982, which is still effective. This complaint was brought on 22-5-1982, in the subsistance of which previous stay order issued by the High Court without disclosing in the complaint about the said stay order. The office has wrongly mentioned in the order of presentation of the complaint that it was brought under section 38(5) of the Industrial Relations Ordinance, 1969. It is clear from the complaint that it was brought under section 2u-A (8) of the Ordinance. Clause (8) of section 25-A, except on a complaint in writing brought either by the workman, or by the Labour Court or the Tribunal, the decision of which has not been complied with. This Tribunal, therefore, cannot itself proceed against the respondent for contempt of court…

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