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Appeal No. LHR‑243 of 1969, heard on 2nd January 1970.

---S. 16 read with S. 2(a) and Civil Procedure Code (V of 1908), S. 151‑Interim award‑Must be a determination of some industrial dispute‑Stay order under S. 131, Civil Procedure Code, 1903 Not an interim award so as to be appealable under S. 16, West Pakistan Industrial Disputes Ordinance, 1968.

The question was as to whether an order of Industrial Court under section 151, Civil Procedure Code, 1908 staying the operation of dismissal order during pendency of application under section 28, West Pakistan Industrial Disputes Ordinance, 1968, was appealable under section 16 of the West Pakistan Industrial Disputes Ordinance, 1968 field, having regard to section 2(a) of the‑ West Pakistan Industrial Disputes Ordinance, 1968 it is very clear from the definition of award that even for an interim award it must be the determination of some industrial dispute. The determination of a dispute implies finality. The learned Chairman had not finally disposed of the dispute between the parties. lie has only stayed the operation of the order whereby the respondent was dis missed from service till the disposal of the main application under section 38 of the Ordinance. An appeal under section 16 of the Ordinance is maintainable only against an award or a decision of the Court under section 26, or section 37, of the Ordinance. The impugned order cannot be said to be under section 26, or section 37, of the Ordinance. It is only an interim order during the pendency of the application under section 38 of the Ordinance. In these circumstances no appeal lies.

Nasir‑ul‑Hasan for Appellant.

Nazir Ahmad Naz for Respondent No. 1.

Date of hearing: 2nd January:1970.

This is an appeal against an order of the learned Chairman of the Labour Court (Central Zone), Lahore, dated 5th November 1969. The impugned order was passed on an application under section 15 (, C. P. C. for staying the operation of the order dated 21st October 1969, whereby Liaqat Ali, the respondent, was dismissed from service. The learned Chairman accepted the prayer.

2. The question is as to whether an appeal is maintainable against the impugned order. The order under appeal is, on the face of it, a preliminary order. Mr. Nasirul Hasan, the learned Representative for the Appellant contended that it is an interim award. Award is defined under section 2 (a), of the West Pakistan Industrial Disputes Ordinance, 1968. It means the determination by an Industrial Court of any industrial dispute or any matter relating thereto, or any matter referred to it under clause (b) of subsection (1) of section 11, and includes an interim award. One thing is very clear from the definition of award that even for an interim award it must be the determination of some industrial dispute. The determination of a dispute implies finality. The learned Chairman had not finally disposed of the dispute between the parties. He has only stayed the operation of the order whereby the respondent was dismissed from service till the disposal of the main application under section 38, of the Ordinance. An appeal under section 16, of the Ordinance maintainable only against an award or a decision of the Court under section 26, or section 37, of the Ordinance. The impugned order cannot be said to be under section 26, or section 37, of the Ordinance. It is only an interim order during the pendency of the application under section 38 of the Ordinance. I would hold, in these circumstances, that no appeal lies. The appeal is accordingly dismissed.

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