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Citation: 1970 PLC 819
Court: Labour Court
Year: 1970
Decision Date: 1970-05-15
Parties: A vs THE MANAGER, MECHANICAL EQUIPMENT
9 Result: application is dismissed Judgment ORDER MD. NURUL ISLAM KHAN (CHAIRMAN).-This is an application under section 47 of the Industrial Relations Ordinance, 1969, for re-instatement of the petitioner to his former post with all back wages and other legal dues.
Court Name: Labour Court Judge(s): Muhammad Karim, S. A. Hakem, Nurul Islam Khan Title: A vs THE MANAGER, MECHANICAL EQUIPMENT Case No.: Case No. 2 of 1970 Date of Judgment:1970-05-15 Reported As: 1970 P LC 819 Result: application is dismissed Judgment ORDER MD. NURUL ISLAM KHAN (CHAIRMAN).-This is an application under section 47 of the Industrial Relations Ordinance, 1969, for re-instatement of the petitioner to his former post with all back wages and other legal dues. Heard the parties. Members are present. The case of the petitioner is that during the pendency of Complaint Case No. 170 of 1969 which he filed in the 3rd Labour Court, the opposite party terminated his services by an order dated 13-6- 1969. The Complaint Case No. 170 of 1969 was filed on 23-4-1969 and an ex parte order was passed on 10-1-1970. Thereafter Miscellaneous Case being No. 2 of 1970 is pending in this Court till to-date. In view of this the first party prays for re-instatement as stated above. The second party has submitted written statement wherein it has been stated, inter alia, that the application is not maintainable and that it was time--barred, barred by estoppel, waiver and acquiescence and yes judicata. The second party has piled up many allegations for which the applicant was suspended. Point for determination is whether the case is maintainable. FINDINGS It is admitted that in the present case the first party's services were terminated by anorder dated 13-6-1969. He was suspended on…
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