Case Details

Citation(s)
2000 SLG 650 2000 SLD 650 2000 PLC 14
Sindh High Court
Constitutional Petition No.S-498 of 1998, decision dated: 3rd May, 1999.
RASHEED AHMED RAZVI, J

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PHILIPS ELECTRICAL INDUSTRIES OF PAKISTAN LTD.

VS

THE 2ND SINDH LABOUR COURT, KARACHI through Presiding Officer and 53 others

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)---------Ss 25-A(4)(3), 35 &. 36---Establishment of Labour Courts ---Purposes--­Purposes of Labour Courts were adjudication and determination of industrial disputes referred to or brought before them under Industrial Relations Ordinance, 1969; to inquire into and adjudicate any matter relating to implementation or violation of a settlement which was referred to .it by Provincial Government; to try any offences and any other such offences as might be notified by Provincial Government and to exercise and perform all such powers and functions as conferred upon them by virtue of Industrial Relations Ordinance, 1969---Labour Court during adjudication and determination of a grievance petition under S 25-A (4) of Industrial Relations Ordinance, 1969, would be competent to inquire into all facts of the case and to pass such orders as would be just and proper---More powers were conferred on Labour Court under S. 36 of Industrial Relations Ordinance, 1969. (b) Industrial Relations Ordinance (XXIII of 1969)----- ----Ss. 25-A & 35---Powers of Labour Court---Labour Court even while redressing an individual grievance as provided under S.25-A Industrial Relations Ordinance, 1969, had been authorised to go into all the facts of the case and to pass order as would be must and proper in circumstances of the case. (c) Industrial Relations Ordinance (XXIII of 1969)-- ----Ss. 25-A, 35, 36 & 43---Powers of Labour Court to pass interim order--­Labour Court which had been authorised to pass a final order in the nature of restoring the services of an employee with all back benefits, was equally competent to pass an interim order in special and peculiar circumstances, prohibiting opponent (employer) from passing any illegal order and restraining him from an unauthorised act pending disposal of matter before, it, but Labour Court should not pass such order as a routine matter---Such order should be an exception and only passed in those cases where all the three ingredients for grant of an interim injunction were made out, namely, existence of prima facie case; strong likelihood for suffering irreparable loss and injury; and…
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