Case Details

Citation(s)
1989 SLG 2510 1989 SLD 2510 1989 PLC 953
Labour Appellate Tribunal, Punjab
Revision No. LHR-239 of 1988, decided on 6th June, 1988.
SARDAR MUHAMMAD ABDUL GHAFOOR LORAN LODHI, APPELLATE TRIBUNAL

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ZULFIOAR ALI

VS

GOVERNMENT OF PAKISTAN Through S.E. Civil Circle, Pak. P.W.D., Lahore

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-­ -Ss. 22-A(8)(g), 25-A, 25-A(8)(a)(b) & 38(3-a)- Stay order passed by National Industrial Relations Commission-----Case transferred to Labour Court--Transferee Court, can take action on non-compliance of stay order--Labour Court dismissing complaint under S. 25-A(8) on pica that .it had no jurisdiction--Such pica repelled in revision by ,Appellate Tribunal--Complaint filed by complainant, held, was no maintainable in view of provisions of cl.(b) of S.25-A(8) which authorises only the Court violation of whose order is complained of to bring complaint-­Petitioner-complainant, in circumstances, held, could ask transferee Labour Court to bring a complaint for alleged violation of stay order. Khalid Mahmood for Petitioner. Muhammad Zaman Qureshi for Respondent. Date of hearing: 4th June, 1988. JUDGMENT This is a revision challenging the order dated 71-1-1988 recorded by the learned Presiding Officer, Punjab Labour Court No. 2, Lahore, whereby the complaint brought by the petitioner under section 25-A(8) of the Industrial Relations Ordinance, 1969 has been dismissed for want of jurisdiction. 2. The facts are that the petitioner brought an application to the National Industrial Relations Commission (hereinafter called as the N.I.R.C.) in which a stay order was issued by the N.I.R.C. The said case was, thereafter, transferred to the learned Labour Court No. 2, Lahore. It was alleged that in the pendency of the case before the learned Labour Court, the stay order issued by the N.I.R.C. had been violated and for this reason complaint under section 25-A(8) of the Industrial Relations Ordinance, 1969 was brought. 3. It has been argued by the learned counsel for the respondent as it was argued before the learned lower Court that the N.I.R.C. has jurisdiction to Issue stay order under section 22-C of the Industrial Relations Ordinance, 1969 which powers have not been given to the Labour Courts, therefore, the stay order, for the non-compliance of which the complaint was brought by the petitioner, will be deemed to have been issued under section 22-C, therefore, the N.I.R.C. and not the Labour Court was competent to take…
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