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Industrial Relations Ordinance (XXIII of 1969)-------Ss. 25-A, 38(3-a) & 56---Pendency of grievance petition and complaint--­ Proper procedure---Both grievance petition and complaint under S.56, Industrial Relations Ordinance, 1969 were pending before Labour Court and complaint was fixed and on every fixed date no proceedings were held but it was insisted that accused be present on each and every date---Validity--­ Proper course, in circumstances, would be to first decide grievance petition on merits after allowing full opportunity to both parties and then to take up hearing of complaint under S.56, Industrial Relations Ordinance, 1969 after issuance of proper notice, giving reasons for resorting to intended action under said section and fixing date for hearing of same for appearance of accused---Appellate Tribunal ordered that complaint under S.56 of Industrial Relations Ordinance, 1969 be adjourned sine die which could be taken up after decision on application under S.25-A, Industrial Relations Ordinance, 1969. Mahmood A. Ghani for Applicant. Shafiq Qureshi for Respondent. JUDGMENT This is a revision. MY attention is drawn to a consent order passed by this Tribunal in Revision Application No.KAR-391 of 1998. Referring to clause (3), para. 4 thereof, it was agreed by both the counsel that, "the complaint of the respondent under section 56, of I.R.O. 1969, dated 4-1 1-1997 will be taken up after the decision on the main case". 2. It is, therefore, apparent that the above said complaint was to be taken up after the decision on the main case. I am informed that the complaint under section 56 is fixed on every date of hearing, of course, with no proceeding, but with the insistence that the accused be present on each and every date, fixed therein. According to Mr. Mahmood Ghani, it is mis­use of powers of the Court. 3. When the learned Presiding Officer is very well-aware that no proceedings can be taken up in the complaint at all why the accused is…

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