Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 25-A & 38(3-a)---Grievance petition---Stay order---Vacation of---Senior Officer having complained against employee about his in-competency, unsatisfactory work and irregularity, employee was called upon to appear in a test to be conducted in office so that his suitability for the post he was holding could be re-assessed---Employee challenged order of employer in his grievance petition and Labour Court issued stay order in favour of employee, which order later on was recalled---Employee was only required to make himself available for assessment of his efficiency/proficiency, but employee declined to appear in test as directed by employer---Employee, thus, indulged in an act of gross-indiscipline---Competent Authority could ask employee to undergo, test for determination of his efficiency or efficacy and employees could not deviate or disobey even if they were ordered to appear in test---Employee, thus, had no cause of grievance on that score and order of employer Authority was wholly sound and reasonable which could not be challenged. JUDGMENT The revision petition is directed against an order dated 24-4-1996, rendered by the Punjab Labour Court No. t, Lahore, dismissing an application for ad interim injunction, submitted along with a grievance petition, filed under section 25-A, Industrial Relations Ordinance, l/1969, by Muhammad Shafique against the Authorities of the Pakistan Telecommunication Corporation, Lahore. 2. He was working as steno-typist with the Divisional Engineer Telegraph, C.T.R., Sheikhupura, and was asked to appear in a test to be conducted on 23-12-1993, in the office of the Director, Microwave, C.T.R., Lahore, by a Committee comprising three senior officers. The date appeared to have subsequently been changed to 8-1-1994. He, however, defied and challenged the validity of the move, through a grievance petition preferred before Punjab Labour Court No. 1, Lahore, on 5-1-1994. In routine, the then Presiding Officer of the Labour Court issued a stay order in his favour, on the same day, which order has been recalled after a period of about 2-1/4 years by the present Presiding Officer…

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