Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 38(3-a), & 51---Revision---Grievance petition of appellate was allowed by Labour Court by an ex parte order and he was reinstated in service with full benefits and same was recoverable as land revenue when amount of such dues was determined by some competent Court---Labour Court, while awarding back benefit did not determine amount of dues on ground that name of correct employer was not given---Record showed that application was not moved against the correct employer---,Order of reinstatement passed by Labour Court and finally determined relationship of employer and employee; therefore question of determination of employer could not be reopened and order of Labour Court was liable to be set aside---If any cause of action had arisen to applicants after date they had been awarded back benefits, they could either move application for recovery of arrears of wages to authority under Payment of Wages Act or they could serve grievance notice upon employer and thereafter file fresh grievance petition---Case was remanded to Labour Court with direction to determine dues. M. Saleem Khan for Applicants. Respondent No. 2 in person. Date of hearing: 27th March, 1991. DECISION This is a Revision Application against the order dated 15-12-1990 passed by the learned Presiding Officer Sindh Labour Court No.III at Karachi invoking the suo motu revisional jurisdiction of this Tribunal under section 38(3-A) of I.R.O., 1969. 2. I have heard Mr. M. Salim Khan for the Applicants and Mr. Abid Jawaid for respondent No.2. 3. It appears that the Applicant had filed grievance application No.127/1986 in the Sindh Labour Court No.I1I at Karachi which was allowed by an ex parte order dated 28-1-1987 and the Applicants were ordered to be reinstated in service with full back benefits. The order was not challenged in any appeal nor any application was moved for setting aside the ex parte decree. The order had therefore attained finality under section 37(4) of I.R.O., 1969. 4. The Applicants thereafter filed applications under section 51 of I.R.O., 1969 for recovery of their duties for the period from September 1986 when their services…

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