Case Details

Citation(s)
1987 SLG 1286 1987 SLD 1286 1987 PLC 645
Lahore High Court
Writ Petition No. 460 of 1987, decided on 13th April, 1987.
MUNIR A. SHEIKH, J

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THE PUNJAB PROVINCIAL CO-OPERATIVE BANK Ltd.

VS

THE PUNJAB LABOUR APPELLATE€žTRIBUNAL and others

Law:

Section:

Constitution of Pakistan (1973)-- --Art.199--Industrial Relations Ordinance (XXIII of 1969), S.25-A-­Constitutional petition against interlocutory order of Labour Court-­Maintainability of--Constitutional petition against interlocutory order when main case was still at preliminary stage, held, could not be entertained--Petitioner could raise any objection to maintainability of grievance petition or jurisdiction of Labour Court which would be decided on merits in accordance with law by such Court--Constitutional petition against interlocutory order, being devoid of merit was dismissed by High Court. Muhammad Yawar Ali Khan for Petitioner. ORDER Respondent No.2 moved a grievance petition under section 25-A of the Industrial Relations Ordinance, 1969, before Punjab Labour Court No.9, at Multan, challenging the action of the petitioner for his removal from service. Petitioners instead of filing written statement moved a miscellaneous application for adjournment of the case sine die for the reasons that according to judgment of High Court reported as 1985 P L C 1053, the jurisdiction of the Labour Court was ousted. It was further averred that in a number of such cases the Punjab Labour Appellate Tribunal and the Labour Court concerned had adjourned the case to await the decision of the Supreme Court where the appeal against the said reported judgment was pending disposal. 2. The Punjab Labour Court by its order, dated 8-12-1986, dismissed the application and directed the petitioners to file a reply. It was observed by the Court that the case in hand was not covered by the said reported judgment. The petitioners filed revision petition before respondent No.1 which was dismissed on the short ground that the matter of adjournment of case was within the discretion of the Labour Court, therefore, no revision was competent as the order has been passed by the lower Court which was within its discretion. It was also observed that the decision of the Supreme Court in the matter is not likely- to be delivered soon. However,…
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