Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- --Ss. 34. 36 & 38 (3)-Practice and procedure-Interim injunc­tion-Grant of-Case hinging upon evidence yet to be recorded­-Stage, held, premature to grant interim relief-Appellate Tribunal vacating order of interim injunction of Labour Court restraining employer from retrenching workers pending disposal of main application of workers' Union under S. 34 challenging retrenchment as violative of settlement. Ch. Rashid Ahmad for Appellant. Rafat Usmani for Respondent. ORDER These are cross-appeals against the order of the Sind Labour Court No. 5, Karachi partly allowing and partly dismissing the application made by the Union for interim injunction. 2. National Construction Company had employed certain workers at Juna Bunder Joint Venture engaged in the construction work. The Company had several Projects and had employed workers in the various Projects. It is the case of the Company that the construction work in which the aggrieved workers had been employed was completed and, therefore, they were retrenched. On the other hand, it was the case of the Union that there was a settlement where by clause 1, it was provided that the retrenched workers in one Venture would be employed in the other Venture of the Company and this settlement was being violated as the retrenchment was threatend and the workers were not being employed in the other Ventures which had been carried on by the Company. Consequently, the Union made an application under section 34 of the I.R.O. 1969, to the Labour Court for employment of the workers in the other Venture. Simultaneously an application for Interim injunction was made. restraining the Company from retrenching the workers. 3. The application was opposed and it was pleaded that the workers had already been retrenched and letter of termination of the employees was affixed on the Notice Board and this was within the knowledge of the workers whose services had been termi­nated on account of the completion of the Venture in which they were employed. 4. The learned Presiding Officer, on hearing the arguments came to the conclusion that several workers had been served with the letters of…

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