THE JABEES EMPLOYEES' UNION vs MESSERS HOTEL JABEES, KARACHI — 1972 PLC 378

Citation: 1972 PLC 378

Court: Labour Court

Year: 1971

Decision Date: 1971-12-31

Parties: THE JABEES EMPLOYEES' UNION vs MESSERS HOTEL JABEES, KARACHI

Headnotes

Case cited as 1972 PLC 378

Judgment Text

Court Name: Labour Court Judge(s): Muhammad Rasheed, Shoukat Ali A. Nanji, Hidayat Hussain Title: THE JABEES EMPLOYEES' UNION vs MESSERS HOTEL JABEES, KARACHI Case No.: Application No. 6 of 1971 Date of Judgment:- Reported As: 1972 PLC 378 Result: N/A Judgment ORDER HIDAYAT HUSSAIN (CHAIRMAN).-The applicant-Union has raised Disputes No. 297/70 and 305/70 under section 34 pending in the Second Sind Labour Court, Karachi, arising out of a settlement which they allege was arrived at between the parties on 19th December 1969. They further allege that as soon as they raised the disputes the respondent-Management started terminating the services of the members of the Union. Through this application, therefore, they pray for temporary injunction restraining the respondent Management from terminating the services of the members of the Union. Ad interim injunction was issued on 14th June 1971. The matter has come up for confirma--tion. Mr. Masood Mirza appears for the respondent-Management and Mr. Sated Pasha Lodhi for the applicants. Contentions of Mr. Masood Mirza are as follows :- (a) application under section 34 of the I. R. O., 1969 cannot be deemed to be an industrial dispute and, therefore, provisions of Civil Procedure Code will not apply and hence this Court will have no powers to grant temporary injunction. (b) The order is bad because it covers those employees also whose services had been terminated before the date of the order. Mr. Sated. Pasha Lodhi replies as follows…

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