Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-------Ss. 25-A & 38(3-a)---Grievance petition---Ad interim injunction, grant of--- Employees were working in Grade-15 and were getting bonus, house rent anal other allowances and when they were promoted to posts carrying Grade-16, also claimed to be entitled to same allowances, but employer Corporation denied their entitlement---Employees filed grievance petition under S. 25-A of Industrial Relations Ordinance, 1969 against said order of employer Corporation---Labour Court on the very first day when grievance petition was filed by employees, not only admitted same for regular hearing but also suspended order of employer Corporation directing Corporation to give employees all allowances demanded by them with effect from date of their promotion to Grade-16---Labour Court had not yet finally disposed of application for grant of ad interim injunction on hearing parties or their counsel, but suspended order of employer Corporation on the very day the grievance petition was filed by employees---Labour Court did not mention in its order what irretrievable injury would visit employees, what irreparable loss be sustained by them if, for the time being, they would not get allowances demanded by them, since ultimately they would receive same in lump sum if they finally succeeded in move made by them---Balance of convenience also was not in favour of employees, but rather was in favour of employer Corporation because recovery of excess amount from employees by employer Corporation would become an uphill task in case of failure of employees to establish their entitlement to allowances---Issue involved controversial question of fact and law, requiring elaborate inquiry and conclusive determination in that regard could only be made when evidence led by parties was examined at the time of final disposal of main petition--­On mere assumption that employees could be treated as "workmen" entitled to get those allowances, they could not be allowed to draw those allowances--Entire relief having been granted to employees by Labour Court by way of interim relief, what else remained to be determined, if on entertainment of…

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