Law: Industrial Relations Ordinance, 2002

Section: 33,48(1),46,44

Law: Industrial Relations Ordinance, 2002

Section: 33,48(1),46,44

Industrial Relations Ordinance (XCI of 2002)-------Ss. 48(1), 46, 44 & 33---Order of restoration of complaint passed by Labour Court which was not in the nature of a decision or as contemplated by S.48(1), Industrial Relations Ordinance, 2002 and did not have the effect of determining the rights and obligations of the parties, was not appealable before the High Court---Principles. Subsection (1) of section 48 of the Industrial Relations Ordinance, 2002 provides, that the High Court may, on appeal, confirm, set aside, vary or modify the award or decision given under section 46 or 33, a sentence having passed under clause (c) of subsection (4) of section 44 and shall exercise all the powers conferred by this Ordinance on the Labour Court, save as otherwise provided. The petitioner had failed to satisfy as to how an order of restoration of complaint could be treated to be a decision within the meaning of sections 46 or 48 of the Ordinance so as to be appealable before the High Court. Said order passed by the Labour Court was not in the nature of a decision or as contemplated by subsection (1) of section 48 of the Ordinance. It did not have the effect of determining the rights or obligations of the parties. Legislature had not intended each and every order of the Labour Court to be appealable before the High Court. THIS ORDER PASSED BY: FAQIR MUHAMMAD KHOKHAR, JUSTICE:---.--- The respondent had filed a complaint under section 46(6) of the Industrial Relations Ordinance, 20002 which was dismissed for want of prosecution. The application for restoration of the complaint was allowed by the Presiding Officer, Labour Court, Haripur vide order, dated 13-3-2004. Therefore, the petitioners preferred F.A.L. No.3 of 2004 which was dismissed by the Peshawar High Court, Abbottabad Bench, vide impugned judgment, dated 29-11-2005. 2. The learned counsel for the petitioners argued that the respondent had no locus standi and justification to file an application for restoration of the…

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