Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------S. 25-A & 38(3-a)---Interim relief, grant of---Stay order ---Validity--­Revisional jurisdiction, exercise of---Employees who were found indulging in a very serious irregularity, bordering on commission of criminal offences, criminal cases were registered against them and they were suspended be Competent Authority---On filing grievance petition against suspension order passed by employer (Railways), Labour Court granted interim relief to employees suspending operation of order of suspension passed by employer---Question being not of adjudication of terms and conditions of services of employees, but suspension on serious allegations against them, thus affording protection to such wrongdoers would entail in turn collapse of the whole system---Employees had been enjoying all service benefits and had not suffered consequences of their misdeeds, either by way of their criminal prosecution or by reason of adverse Departmental action against them due to interim relief granted to them by Labour Court---Balance of convenience lay in favour of employer (Railways) and not employees, who must be prepared to face Departmental enquiries against them as also criminal cases and would not be exposed to irretrievable injury, in the event of their indictment or Departmental action against them especially as the same would be based on evidence to be led against them who would get a fair chance to defend themselves---Order of Labour Court which otherwise had no territorial jurisdiction in the matter, which was not sound and fair, was set aside by Labour Appellate Tribunal in exercise of its revisional jurisdiction and stay orders issued by Labour Court, were vacated. Mian Fida Hussain for Petitioners. Nemo for Respondents. Date of hearing: 19th May, 1997. JUDGMENT This consolidated judgment will dispose of four identical revision petitions captioned above. By way of the move aforesaid has been called in question the soundness/validity of the orders dated 7-5-1994, passed by the learned Presiding Officer, Punjab Labour Court No. 2, Lahore (Haji Muhammad Akram Baitu), suspending operation of the orders, rendered in September,…

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