Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) Ss. 25 A, 22 A(12) & 38(3 a) Removal from service Suspension of operation of order of removal Jurisdiction Non compliance of order of Court Employee was placed under suspension on account of certain allegations of misconduct and corruption, but Labour Court, on filing grievance petition by employee suspended operation of order, of suspension and stayed further proceedings Employer despite the stay order, removed employee from service Employee filed contempt application against employer Employer had contended that Labour Court as well as Labour Appellate Tribunal had acted without jurisdiction as no restraint order could be issued by any labour forum. against course of criminal proceedings initiated against employee Validity Legal forum could have passed an order, which may prima facie, be not sound or legally sustainable, but aggrieved person could not suo motu assume that same was not binding on him and could well be ignored .and even disobeyed Even an ostensibly stupid or infirm or unsustainable order got to be assailed or got rescinded has by having recourse to competent higher forum and so long as such an order would hold field, its compliance had to be made and it could not be permitted tip be disregarded in any way Wilful disregard of Court orders and flagrant defiance on part of employer could not be permitted. JUDGMENT By a consolidated judgment I would be disposing of all the three above captioned inter linked matters, the facts and circumstances all being common. On account of certain allegations of misconduct and corruption, a number of officials of the Metropolitan Corporation, Lahore, including Agha Naeem Iqbal, Assistant Superintendent (Internal Audit), were placed under suspension, by an order passed on 14 9 1997. Agha Naeem Iqbal on 10 1 1998 filed a grievance petition under section 25 A, read with section 22 A,(12), Industrial Relations Ordinance, 1969, the prayer being that the Administrator and the Chief Corporation Officer be summoned and directed not to commit any act of unfair labour practice and not to act upon the show cause notice, the charge sheet, and the suspension order issued…

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