Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)------ ---S 38(5)--Contempt of Court--Non-completion of fresh inquiry in accordant, with direction of Tribunal--Effect--Enquiry report was submitted to employer but such employer not agreeing with that report kept it pending and not appointing any other Enquiry Officer for the purpose for a sufficient long time--Such delay on part of employer was not justifiable--Held, as there was express and specific direction by Tribunal that if enquiry was not held within specified time, petitioner would be entitled to back benefits, it could not be laid that non-payment of back benefit would not amount to Contempt of Court. 1978 S C M R 137 distinguished. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A(4) & 38(3)--Direction in S.25-A(4), Industrial Relations Ordinance that decision be given within seven days was merely directory as no words such as "and not more than that" have been used--Labour Courts, being over-burdened, it would be physically impossible for them to decide cases within seven days of the date on which they were brought to them. (c) Industrial Relations Ordinance (XXIII of 1969)----- ---S.38(5)--Contempt of Court proceedings against employer for non-compliance of Tribunal's direction--Prayer on behalf of employee that employer be directed to pay back benefits and that no further action be taken against him--Employer was directed to pay back benefits to employee within specified period--No further action was taken against employer. H.R.Haider for Petitioner. Abdul Rashid for Respondents. Date of hearing: 22nd May, 1988. JUDGMENT This is a petition brought under section 38(5) of the Industrial Relations Ordinance, 1969 for proceeding against the respondents and punishing them for committing contempt of Court. 2. The facts are that the petitioner was removed from service and he brought an application under section 25-A of the Industrial Relations Ordinance, 1969 which was accepted on 3-12-1985 and he has directed to be reinstated in service permitting the respondents to hold fresh inquiry. It was further directed that subject to all just exception fresh inquiry, if started, should be…

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