Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 8 (7) & 38(3-a)--Change of office-bearers--Labour Court while allowing appeal of respondent failing to order fresh election when it, held, that election was not valid and legal and respondent was not law Tully removed as General Secretary of Union and that till such time he was removed or replaced as per Rules of Union he would continue to act as General Secretary--Labour Court quoted various provisions of Rules of Union which were not placed on record of Labour Court by any party--Order of Labour Court not showing that record was perused by it or it was summoned at all--Even in Memo of appeal of respondent there was no mention that change of office bearers was contrary to Rules--Finding of Labour Court was based upon surmises and conjectures rather than evidence or pleadings Labour Court granting declaration that respondent would continue as General Secretary though such relief was nowhere prayed for--Held, said declaration of Labour Court was contrary to provision laid down in S.8(7) of Industrial Relations Ordinance--Order of Labour Court was set aside in circumstances. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 8(7) & 38(3-a)--Relief not claimed in prayer whether to be granted--Courts or tribunals, held, could not grant relief which was not prayed for, by parties. M. L. Shahani for Applicants. Abdul Majeed for Respondent No.1. Qurban Ali Abbasi for Respondent No.2. Date of hearing: 28thJanuary, 1987. DECISION This is a Revision Petition under section 38(3-a) of I.R.O. 1969, filed by the applicants questioning the legality, correctness of the impugned order, dated 9-12-1986, passed by the Sind Labour Court No. l, Karachi, in the matter of Appeal No.5 of 1986, under section 8(7) of the Industrial Relations Ordinance, 1969, whereby the appeal filed by Respondent No. l, namely, Muhammad Ali, regarding acceptance of change of office-bearers by the Respondent of Trade Unions Karachi, Respondent No.2, herein. 2. Brief facts of the case are that the applicant No. l, namely, Mst. Kaniz Fatima was elected as President of Atlas Group of Companies Employees Union, while applicant No.2,…

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