| Citation(s) |
|---|
| 1996 SLG 361 1996 SLD 361 1996 PLC 207 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-391 of 199N, decision dated: 10-10-1995
MUSHTAK ALI KAZI, APPELLATE TRIBUNAL
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Appeal No. KAR-391 of 199N, decision dated: 10-10-1995
MUSHTAK ALI KAZI, APPELLATE TRIBUNAL
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M/s. METAL CONTAINERS (PVT.) LTD., KARACHI
VS
METAL CONTAINERS EMPLOYEES UNION through General Secretary, Karachi and another M/s. METAL CONTAINERS (PVT.) LTD., KARACHI Vs METAL CONTAINERS EMPLOYEES UNION through General Secretary, Karachi and anothe
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)-- ----S. 36---Jurisdiction of Labour Court---Labour Court under S. 36(2) of Industrial Relations Ordinance, 1969 was deemed to be a Civil Court and could exercise powers vested in Civil Court such as enforcing attendance of any person, compelling production of documents and issuing commission---Labour Court, thus, was not vested with all powers of a Civil Court under Civil Procedure Code, but only with procedural powers required for adjudication and determination of industrial dispute---Labour Court could also not issue any temporary injunction. Abdul Razzak v. Divisional Mechanical Engineer 1981 PLC 737 ref. DECISION Heard Mr. Muhammad Humayun for the applicant Management and Mr. Ashraf Hussain Rizvi for the respondent. Pre-admission notice had been issued in this case for hearing the other side before passing any orders on the Revision Application. 2. Mr. Ashraf Hussain Rizvi has explained that the Management had staged a lock-out and laid off 22 workers which was the total number of workers employed in the factory. For this action permission of the Labour Court had not been obtained and the lock-out and lay off were illegal. The workers, therefore, filed a petition under section 45 of the I.R.O. for prohibition of lock-out. Pending the proceedings the Management through Mr. Muhammad Humayun has filed a Revision Application against the order of the Labour Court because an application for dismissal of the plaint under Order 7, Rule 11 was rejected by the Labour Court; the ground urged is that this Interim application under Order 7, Rule 11 should have been granted and this was an illegality committed by the Labour Court. The legal position in this…
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