Case Details

Citation(s)
1987 SLG 1341 1987 SLD 1341 1987 PLC 761
Labour Appellate Tribunal, Punjab
Petition No. 126 of 1986, decided on 28th August, 1986.
MASUD AHMAD ANSARI, PRESIDING OFFICER

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MUHAMMAD TUFAIL TABSSUM

VS

UNITED SUGAR MILLS Ltd.

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.16--Grievance petition against eviction from premises--Workman seeking interim injunction against eviction from residence provided by 'employer--Grant of temporary injunction against eviction of dismissed workman, held, is barred by S.16(1) of Ordinance VI of 1968--Labour Court, held, was not competent to grant temporary injunction against eviction of dismissal workman from premises provided to him by employer. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- ---S.16(1)--Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2--Words "notwithstanding the provisions of any law for the time being in force", connotation of--By using such words Legislature, held, has stopped a workman from availing any provision of law including O. XXXIX, Rr.1 & 2 in relation to the relief provided to employer in the scheme of S.16(1) of Ordinance VI of 1968--Procedure for eviction in case of failure of workman to vacate the premises is provided in S.16(2) of the Act itself. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- ---S.16--Provisions of S.16 of Ordinance VI of 1968--Nature of Provisions of S.16 of Ordinance VI of 1968, held, are mandatory in nature and not directory--Where a workman 170-1 s to vacate residential accommodation provided to him by his employer within two months of his dismissal from employment, employer, held, has a right to lodge complaint with a Magistrate who after summarily deciding matter could order eviction of employer--Vesting of such power with Magistrate is in the nature of implied exclusion of jurisdiction of other forums in the matter of eviction or non-eviction of a workman from the accommodation given by the employer. Ch. Ghulam Qadir for Petitioner. G.M. Rabbani for Respondent. ORDER This' order will dispose of an application under Order XXXIX, Rules 1 & 2, C.P.C. which has arisen in the following circumstances. 2. Muhammad Tufail petitioner was employed in the United Sugar Mills Ltd.,…
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