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1992 PLC 15

AKHTAR NISAR SHAH VS REGISTRAR, TRADE UNIONS

Petitioner: AKHTAR NISAR SHAH VS Respondent: REGISTRAR, TRADE UNIONS

Court: Lahore High Court

Full Judgment Text & Judicial Ruling

1992 P L C 15

1992 P L C 15

[Lahore High Court] Before Falak Sher, J

AKHTAR NISAR SHAH

versus

REGISTRAR TRADE UNIONS

Writ Petition No. 187 of 1991, decided on 13th January 1991.

Industrial Relations Ordinance (XXIII of 1969)--

----S.38(3-a)---Constitution of Pakistan (1973), Art.199---Piecemeal adjudication of causes---Constitutional jurisdiction, exercise of---Revision filed by employee against judgment of Labour Court was admitted by Tribunal for regular hearing and date was fixed for final arguments---Request of employee for suspension of order of Labour Court was turned down by Tribunal for reason that case had already been fixed for final arguments---Pending revision before Tribunal, employee filed Constitutional petition---Independent of the fact that order impugned in Constitutional petition was not suffering from any jurisdictional error or material irregularity, law did not favour piece meal adjudication of causes and interference in such like interim orders in Constitutional jurisdiction of High Court.

Muhammad Zaman Quraishi for Petitioner.

ORDER

It transpires that according to the approval of Assistant Director (Registration) Registrar of Trade Unions, Lahore Region.., Lahore vide letter, dated 24-11-1990 to the no-confidence motion, dated 10-10-1990 ousting respondent No:? from the office of General Secretary of the Koh-i-Noor Oil Mills' Employees Union Registered G.T. Road, Kala Shah Kaku, and induction of the petitioner in his place was successfully questioned in appeal by the former before the Punjab Labour Court No.3 Ferozewala, Lahore, legality whereof has been assailed by the petitioner in revision (LHR-507/90 Punjab) before the Punjab Labour Appellate Tribunal on 8-12-1990, which consequent upon admission to regular hearing has been set down for final arguments on 15-1-1991; however, his request for suspension of the order impugned therein has been turned down vide order, dated 12-12-1990 primarily for the reason that the case has already been fixed for final arguments on 15-1-1991, hence the present petition.

Independent of the fact that the impugned order does not suffer from any jurisdictional error or material irregularity, the law does not favour piece meal adjudication of causes and interference in such like interim orders in Constitutional jurisdiction; consequently, the petition is hereby dismissed in ' A limine being devoid of any substance.

H.B.T./A-1407/L Petition dismissed.

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