Law:

Section:

Industrial Relations Ordinance (XCI of 2002)------S.46---Constitution of Pakistan (1973), Art.199---Constitutional petition---Grievance application---Non-compliance of order of Labour Court---Employee, who was orally terminated from service filed grievance application against termination order and Labour Court passed injunctive order against the order qua employers and said order remained unchallenged as the same was not assailed by employer before any forum---Said order of Labour Court which had attained finality, having not been complied with by employers, employee filed complaint before the Court against its non-compliance---Order passed by Labour Court, was either to be assailed through proper proceedings by employers at the relevant time or to be complied with, but in no way it could be flouted so long as it was in the field---Employers should realize that they could not with impunity flout orders of Court on their own construction of orders, in so doing they would run the risk of becoming liable to punishment for contempt of Court---Employers, who did not exhibit respect to order passed by Labour Court, could not be granted equitable relief in Constitutional jurisdiction of High Court. Muhammad Idrish and another v. The East Pakistan Timber Merchants' Group and another 1968 SCMR 1404 ref. Ch. Habib-ur-Rehman for petitioner. Fawad Malik, A.A.-G. on Court's call. ORDER Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 orders passed by Punjab Labour Court No.4, Faisalabad dated 25-9-2004 and 18-12-2004 have been assailed primarily on the ground that the said Court lacked jurisdiction in the matter and no such order could be passed. The learned counsel contends that since proceedings before the Labour Court are not maintainable in view of section 2-A of Civil Servants Act, 1973, the assumption of jurisdiction by the said Court is unwarranted and proceedings before it are coram non judice. The perusal of order dated 25-9-2004 would show that on a petition filed by respondent No.2, under section 46 of the Industrial Relations Ordinance, 2002 an injunctive order dated 10-9-2004 had been passed by the said Court…

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