Case Details

Citation(s)
1987 SLG 1312 1987 SLD 1312 1987 PLC 705
National Industrial Relations Commission
Appeal No. 12(8) of 1986, decided on 7th May, 1987.
M.S.H. QURAISHI, CHAIRMAN S. RAIS AHMAD, JAFRI AND AZIZ AHMAD, MEMBERS

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THE PROJECT MANAGER, DOABA RICE MILLS Ltd.

VS

KHALID MAHMOOD HASSAN

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S.22-D--Subject-matter of appeal--Appeal under S.22-D of Industrial Relations Ordinance, held, would lie against (i) an award, (2) a decision, (3) a sentence, or (4) an order, determining and certifying a collective bargaining unit. (b) Industrial Relations Ordinance (XXIII of 1969)- ---S.22-D--Word "decision"--Connotation--Interim order, whether a "decision"--In its wider sense, word "decision", hP1cl, would include a pre-adjudication by the Court pendente lite though same would also be synonymous with the final itself--Word "decision" was not capable of a wider interpretation so as to include every inter­locutory order passed during the continuance of proceedings--Inter­locutory orders would, therefore, not be appealable. Shorter Oxford Dictionary; Ballentine's Law Dictionary; Black's Law Dictionary; Saunders' "Words and Phrases" Vol.2; Islamic Republic of Pakistan v. Abdul Wali Khan P L D 1976 S C 57; Corpus Juris Secundum; Ch. Ghulam Hussain v. Alexander Fernandez, Managing Director, Bata Shoe Co. (Pak.) Ltd. 1980 P L C 1191; Kandawala's case 1969 S C M R 720; Ibrahim v. Muhammad Hussain P L D 1975 S C 457; Mian Manzar Bashir and others v. M.M. Asghar & Co. P L D 1978 S C 185 and Capt. Retd. Abdul Wajid and 2 others v. Sher Muhammad and others 1980 P L C 800(u) 800(gg) ref. (c) Industrial Relations Ordinance (XXIII of 1969)- ---Preamble--Policy and purpose of Industrial Relations Ordinance-­Industrial Relations Ordinance, 1969, held, was a special law meant for regulation of relations between employers of workers and for avoidance and settlement of any differences or disputes arising between them--Appeal from interlocutory orders was bound to block progress of the main case, increase pendency of cases and delay their disposal which would thus detract from the very policy and purpose of the law. (d) Industrial Relations Ordinance (XXIII of 1969)-- ---S.22-D--Interlocutory order--Connotation of--Effect of grant or refusal of temporary injunction--Grant or refusal of a temporary injunction during pendency of proceedings is though an interlocutory order, yet the same is distinguishable in the sense…
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