Case Details

Citation(s)
1989 SLG 1070 1989 SLD 1070 1989 PLC 55
Labour Appellate Tribunal, Punjab

SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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ZILA COUNCIL, SAHIWAL

VS

MUHAMMAD YAR

Law:

Section:

Industrial Relations Ordinance mm of 1969) Ss. 25 A & 38(3 a) Temporary injunction Conditions for grant of temporary injunction Arguable case, balance of convenience and petitioner's likelihood to Pakistan Labour Cases suffer loss which could not be calculated in terms of money Petitioner reverted from post of Mate to post of Baildar Both posts in same pay scale Petitioner not likely to suffer any loss Labour Court, held, had wrongly issued stay order against reversion order and same set aside by Appellate Tribunal in revision. JUDGMENT The order dated 25 3 1987 recorded by learned Presiding Officer, Punjab Labour Court No. 9, Multan whereby temporary injunction has been issued against the petitioner restraining it from implementing the order of reversion of the respondent, is reported to be without jurisdiction and of no legal effect. 2. It has been argued by the learned counsel for the petitioner that scale of Mate and Baildar in Zila Council Sahiwal is the same, therefore, the respondent has not suffered any irreparable loss by the order of reversion. There are three conditions for issuing a stay order. One is that the person asking for it should have at least an arguable case; the second is that balance of convenience should go in…
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