Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 25-A & 36(2)---Interim injunction, grant of-Jurisdiction of Labour Court---Employees who were reverted from Traffic Assistants as Conductors, challenged their reversion by filing grievance petition before Labour Court--­Court pending proceedings, . passed interim injunction orders restraining employer Corporation from implementing orders of reversion until decision of grievance petition filed by employees---Validity---Labour Court had no jurisdiction to restrain employer Corporation from implementing orders of reversion pending main dispute as such powers were not available to Labour Court under S. 36(2) of Industrial Relations Ordinance, 1969. Brooke Bond Pakistan Limited v. Second Sindh Labour Court, Karachi 1973 PLC 111 ref. DECISION The respondents were promoted from conductors BPS-3 to the posts of Traffic Assistants BPS-5 on 28-4-1991. Due to deterioration in fleet of buses re-organisation was effected resulting in the retrenchment in the Cadre of Traffic Assistants for want of vacancies. The respondents were therefore reverted as conductors. They filed their grievance petitions before the 1st Sindh Labour Court, Karachi. The learned Labour Court pending the proceedings passed Interim Injunction Orders restraining the K.T.C. from implementing the orders of reversion until decision of the grievance petition. The K.T.C. has accordingly filed these seven Revision Applications against passing of the orders of ad interim Injunction. 2. Under section 36(2) of the I.R.O. it is provided that the Labour Court shall for the purpose of adjudicating and determining any industrial dispute be deemed to be a Civil Court and shall have the same powers as are vested in such Court under the Code of Civil Procedure 1908, including the powers of:-- (a) enforcing attendance of person; (b) compelling production of documents; (c) issuing commission for examination of witnesses. 3. The question arises whether the Labour. Court can exercise all the powers of the Civil Court under this section. The powers provided under section 36 as the illustrations show, are procedural powers for…

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