Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) S.38(8) Constitution of Pakistan (1973), Art. 199 Constitutiona petition Dismissal from Service Reinstatement Suspension of order Jurisdiction of Appellate Tribunal Petitioner/employee who was dismisses from service, was ordered to be re instated in service by Labour Court with back benefits Labour Appellate Tribunal on appeal, suspended operation of order of Labour Court on application of employer Maintainability of order of Labour Appellate Tribunal Order of Labour Appellate Tribunal which in fact, was stay order, could be passed by Labour Appellate Tribunal only within a period of twenty days from date of filing of appeal as provided by S.38(8) of Industrial Relations Ordinance, 1969 Order passed by Labour Appellate Tribunal after three months from filing appeal before it, was without jurisdiction in view of proviso to S. 38(8) of Industrial Relations Ordinance, 1969, and being of no legal effect, could no sustain. Shahjehan v. Syed Amjad Ali 2001) SCMR 88 ref. ORDER S.A. RABBANI, J. Recaptulation of the facts of case of the parties is not necessary. For the present purpose, it is sufficient to mention that the petitioner was an employee if respondent No. l and obtained an order for his reinstatement in service with back benefits from the Labour Court. In the appeal from that order, Sindh Labour Appellate Tribunal, on an application of respondent No. l who filed the appeal, suspended operation of the order of the Labour Court subject to bank guarantee by the appellant. This order of the Appellate Tribunal has been called in question through the present petition. However, in addition to a declaration about this order, the petitioner further seeks setting aside of a subsequent order. The petitioner has also prayed for a verdict that he continue to remain in the employment of respondent No. l without any break and is entitled to all consequential benefits, as directed by the Labour Court. 2. Mr. Ashraf Hussain Rizvi, learned counsel for the petitioner, contended that the impugned order, passed on 13 8 1999, is without jurisdiction in view of the proviso to section 38(8) of the Industrial Relations Ordinance, 1969.…

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