Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------Ss. 25-A & 38(3-a), (5)---Contempt of Court---Matter was adjourned for filing affidavit of employer---Employer who had failed to file affidavit on account of absence of his counsel, had filed application on behalf of his counsel alongwith supporting affidavit for adjournment of case for specified date on ground that his counsel had gone to the Northern Areas---Labour Court instead of adjourning case as prayed for, not only closed the side of employer and fixed case for final arguments but also issued contempt notice to employer treating some paras. of supporting affidavit filed alongwith application for adjournment of case as "contemptuous "---Perusal of affidavit had clearly shown that offence of contempt had not been made out---Labour Court, under law, had no jurisdiction to initiate contempt proceedings against employer on its own, but Labour Appellate Tribunal was only competent forum to initiate contempt proceedings, if case of contempt was made out---Order of Labour Court was set aside and contempt notice issued against employer stood withdrawn. S.M. Yaqoob and S.M. Iqbal for Appellant. Respondent No. l in person. Muhammad Noor, Asstt. A.-G. for Respondent No.2. Date of hearing: 28th August, 1998. JUDGMENT This application is directed against the order dated 6-7-1998 and 30-6-1998, passed by learned Presiding Officer-III, Hub whereby notice for Contempt of Court was issued against the applicant. 2. Precise facts relevant for disposal of instant application are that the respondent No. l Muhammad Ilyas filed an application under section 25-A of I.R.O., 1969, against Bela Auto Motives Limited in the Court of learned Presiding Officer-111, Labour Court Hub. During proceedings the case was adjourned for 16-6-1998, for filing affidavit of the petitioner. In this regard a request was made by the counsel for the Bela Auto Motives for adjournment of case after 1-7-1998, on the ground that he had intention to go to Northern area with his family but the learned Presiding Officer adjourned the case for 16-6-1998. On this date the affidavit could not be filed due to absence of counsel for Bela Auto Motives…

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