Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-------S. 25-A---Interim relief, grant of---Services of employees having been dispensed with by employer on plea of modernisation of industrial plant, employees filed grievance petition against such dismissal---Employees, pending grievance petition, filed petitions for ad interim relief which was granted whereby employees were allowed to continue in service---Employer had challenged grant of ad interim relief to employees contending that Labour Court had no jurisdiction to grant ad interim relief to employees--­Validity---Held, power to grant interim relief by suspending wholly or partially, the operation of the order complained against, was reasonably incidental or ancillary to jurisdiction to decide main (grievance) petition before Labour Court---Interim order passed by Labour Court, in circumstances, would be within jurisdiction of Labour Court as regulatory measure to save the proceedings from becoming infructuous---Interim order passed by Labour Court was not without jurisdiction. Syed Ghulam Subhani v. Messrs Sindh Engineering (Pvt.) Ltd., Karachi 1998 PLC 28; Sindh Employees' Social Security Institution etc. v. Adamjee Cotton Mills Ltd. PLD 1975 SC 32 and Hafiz Muhammad Ishaque and others v. Punjab Labour Appellate Tribunal and others NLR 1978 Labour 466 ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 25-A & 38(3-a)---Constitution of Pakistan (1973), Art 199--­Constitutional petitions---Maintainability---Petitioner (employer) aggrieved of interim relief granted by Labour Court to employees, without first availing remedy of revision before Labour Appellate Tribunal as provided under S.38(3-A) of Industrial Relations Ordinance, 1969, had directly invoked extraordinary Constitutional jurisdiction of High Court by filing petition under Art. 199 of Constitution of Pakistan (1973)---Validity---Held, employer should have first exhausted remedy of revision which was equally efficacious and effective as Labour Appellate Tribunal was vested with power to make a corrective order after examining correctness, legality or propriety of order passed by Labour Court---Constitutional petition filed…

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