Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- ---S. 34--Civil Court has to determine rights of parties; whereas under section 34, Industrial Relations Ordinance, Labour Court acts only as Execution Court to enforce settled rights of parties. P L D 1984 Kar. 503 rel. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---Ss. 9, 8 & S. O. 16--Ejectment--Workers have a right under section 9 of Ordinance VI of 1968 not to be ejected save in accordance with law through civil Court--Workers could only be ejected in case of retrenchment, discharge, dismissal or termination of services--Such right could not be adversely modified even by Collective Bargaining Agent--Collective Bargaining Agent has no right to enter into an agreement with employer for vacation of quarter by worker--Any such agreement, held, would not create any right that could be enforced through Labour Courts. DECISION I intend to dispose of all these 18 appeals by this one order as the appellant in all the appeals is same and the questions of fact and law involved are also same. 2. Admittedly all the respondents are the employees of the appellant who had allotted them some quarters built by the appellant on land, leased out to appellant by the Karachi Port Trust. After the expiry of the lease, the K.P.T. asked the appellant to hand over the land to the K.P.T. and also threatened to impose penalty in case of failure of the appellant to hand over the possession of the land. However, an agreement/understanding was reached between the appellants and the K.P.T. that K.P.T. would directly eject the respondents as encroachers under the relevant provision of law available to the K.P.T. In pursuance of this understanding, the K.P.T. issued notices to the respondents to vacate the quarters. The respondents filed writ petition in the High Court where stay order was issued against the K.P.T. and subsequently the K.P.T. withdrew the notices and the respondents consequently withdrew the writ petition. The appellants thereafter filed a civil suit in the High Court seeking certain reliefs against the K.P.T. as well as seeking eviction of the respondents on the…

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