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Petitioner: PUNJAB ROAD TRANSPORT BOARD VS Respondent: ZAHOOR AHMAD
1988 P L C 235
1988 P L C 235
[Labour Appellate Tribunal Punjab)
Present: Muhammad Abdul Ghafoor Khan Lodhi,
Appellate Tribunal
PUNJAB ROAD TRANSPORT BOARD and another
versus
ZAHOOR AHMAD
Petition No. LHR‑736 of 1986, decided on 14th February, 1987.
Industrial Relations Ordinance (XXIII of 1969)‑‑
‑‑‑Ss.25‑A & 38(3‑a)‑‑Grievance petition‑‑Interim stay order‑ Petitioner claiming promotion in grievance petition‑‑Employee facing departmental enquiry for misconduct‑‑Labour Court passing injunction against employer restraining him from dismissing petitioner‑‑Neither any application for such interim stay order nor prayer to that effect was made in main petition‑‑Order of Labour Court in circumstances, set aside in revision by Appellate Tribunal as without jurisdiction.
Mian Shamsul Haq for Petitioners.
Ch. Shabbir Ahmad for Respondent.
Date of hearing: 14th February, 1987.
JUDGMENT
This is a revision reporting that the order dated 26‑10‑1986 recorded by learned Presiding Officer, Punjab Labour Court No.1 Lahore is without jurisdiction and of no legal effect.
2. Vide impugned order the learned lower Court passed injunction against the petitioner restraining him from dismissing the respondent from service. The facts of the case are that the respondent was dismissed on the plea of commission of misconduct and the learned lower Court had directed his re‑instatement. The order was upheld in appeal. But the Hon'ble High Court has permitted fresh enquiry to the petitioner and the enquiry is now going on. 'The learned lower Court has issued stay order in petition in which the respondent has sought a direction from the Court that he be promoted to the post of Private Secretary with effect from the date upon which his juniors were promoted. No application for interim stay was made, therefore, there was no occasion for the learned lower Court to issue the stay A order. Even in the main petition no such prayer was made. The revision, therefore, is accepted and the impugned order is set aside.
A. E. /290/Lb.P
Revision accepted.