Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)---- ---Ss. 25--A 36 & 47(2)--Civil Procedure Code (V of 1908), O. LXVII-­Practice and procedures of Labour Court--Provisions of Civil Procedure Code, 1908 riot applicable to all kinds of application brought befog, Labour Court under Industrial Relations Ordinance, 1969--O.LXVII Civil Procedure Code, 1908 regarding review not applicable--Labour Court can set aside its ex parte decision on good grounds yet cannot review its order--Labour Court passing ex parte order granting permis­sion for dismissal of office-bearer of trade union of workers for mis­conduct under S.47 (2) of Industrial Relations Ordinance, 1969--Such office-bearer consequently dismissed--Application for setting aside ex parte decision subsequently accepted setting aside ex parte decision but keeping dismissal order intact--On subsequent application Labour Court adjourning case sine die and directing employer to take back such office-bearer on duty without finally deciding application for permission to dismiss--Order of Labour Court challenged in revision before Labour Appellate Tribunal--Held: Since order passed under S.47(2) of Industrial Relations Ordinance, 1969 permitting dismissal was not a final order, permission given ex parte could not be withdrawn when such office-bearer had actually been dismissed and remedy, in circumstances, for dismissed person was by way of grievance petition under S.25-A--Labour Court having no powers of review impugned order, held, without jurisdiction--Permission for dismissal having been set aside by Labour Court dismissed worker, in circumstances, held, entitled to be put back on duty and dismissal order, held, wrongly directed to remain intact. (b) Industrial Relations Ordinance (XXIII of 1969)---- ---Ss. 36 & 47(2)--Practice and procedure--Adjournment--Application under S. 42(2) for permission to dismiss worker during pendency of industrial dispute--Adjourned sine die by Labour Court on ground that a criminal complaint was pending before National Industrial Relations Commission on same grounds and facts--Decision of criminal Court, held, not binding upon Courts deciding case of civil nature--Order of…

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