Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 25-A & 38(3-a)---Promotion---Revisional jurisdiction, exercise of--­Vacancy caused by retirement of another employee for which employee intended to be promoted, had already been filled up long before the order of Tribunal was passed in which promotion of respondent employee was specifically directed but that fact was not brought to notice of Tribunal by either party---Had that fact been brought to notice of Tribunal before passing order, Tribunal would not have specified that vacancy against which employee was to be promoted unless present incumbent was also made a party and heard---After order of Tribunal, employee admittedly was promoted on regular basis retrospectively which showed that prayer for promotion contained in grievance application of employee had been met with and spirit of order of Tribunal had been complied with---No element of mens rea existed in actions taken-by employers after orders of Tribunal, as such no offence prima facie was made out against employers to justify or call for issuance of process against employers---Order of Court issuing summons to employers, was set aside in exercise of revisional jurisdiction of Tribunal. Khalilur Rehman for Applicants. Ehsan Ellahi Khan, Representative for Respondents Date of hearing: 2nd September, 1991 DECISION By this Revision application the suo motu Revisional jurisdiction of this Tribunal is invoked and it is prayed that R & P of complaint No. 3 of 1991 pending before- the 1st Sindh Labour Court at Karachi be called and the legality, propriety and correctness of the order dated 16-3-1991 passed on that complaint issuing summons to the applicant; be considered. 2. I have heard Mr. Khalilur Rehman learned counsel for the applicant and Mr. Ehsan Ellahi Khan representative of respondent and have also gone through record and proceedings of complaint No. 3 and also the other relevant papers filed alongwith the revisional application. 3. The respondent admittedly filed a grievance petition bearing No. 144 of 1987 under section 25-A of I.R.O., 1969 before the learned Labour Court praying therein that the Court may be pleased to adjudicate…

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