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Application No. 83 of 1972.

, Ss. 34, 46 & 51(1) read wish West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. O. 18(c) & (d)‑Lock‑out‑Termination of services‑‑Workers and Management agreeing not to terminate services of employees till matter regarding take over of concern decided by. WAPDA ‑ WAPDA deciding to take over concern under Martial Law Order ' and Permitting Management to dispose of their generating‑set‑Manage ment in circumstances entitled to terminate services of employees Stay older granted by High Court prohibiting Management from terminating services of employees vacated on 15‑4‑1971 but applica tion moved before Labour Court on 19‑5‑1972‑Application, held, clearly barred by time hence dismissed.

.‑The applicants have stated that, they were serving in respondent's No. 1 company. On an industrial dispute arising between the Workers' Union and the respondent‑company in 1964 a settlement was arrived at between the parties on 5‑12‑1964. The respondents' company in breach of the terms of settlement terminated the services of the applicants on 30‑11‑1967. The matter was referred to the Labour Depart ment and consequently the Government of West Pakistan by a Gazette Notification dated 27th June 1968 declared the termination of the applicants' services as illegal and ordered the said company to vacate and discontinue the said lock‑out. The respondents filed a writ petition in the High Court of West Pakistan, Quetta Circuit on 12‑7‑1968 against the orders of the Government and obtained a stay order. The stay order was vacated on 15‑4‑1971 and on 13‑8‑1971 a D. B. of the High _ Court of Sind & Baluchistan, Quetta Circuit, Quetta dismissed the writ petition. The applicants also filed a petition in the High Court for the payment of the salary but the petitioners were directed to take other remedies as no such direction can be given. Consequently the present petition has been moved. The respondent No. 1 in his reply has stated that a settlement was arrived at between the parties that the respondents would not terminate .the services of the applicants until a final decision of the case with the WA PDA. Ultimately the case with the WAPDA was decided on 26‑6‑1967 and permission was granted to the respondents to dispose of their generating plant. As the case with WAPDA has, been settled the respondents will he entitled to terminate the services of .the Power House employees. The Board of Directors of the respondent‑company therefore decided to terminate the services of the applicants. The order of the Government of West Pakistan published in the Gazette of West Pakistan on 27‑6‑1968 had to remain in force for a period of three months from the date of its publication in the Gazette. The life of the said Notification had expired in the last week of September 1968. Consequently an order was passed by the High Court on 15‑4‑19'11 in disposing of the said writ petition. The dispute has been finally settled at rest and there is no claim of the applicants. It is also contended that the plaint has been barred by the statute of Limitation. The respondent No. 2 has submitted In the rejoinder that 'the contents of the application are not with the knowledge of the respondent because the WAPDA had to take over the Quetta Electric Supply Company 't under Martial Law ‑ Order No. 7 issued by Martial Law Administrator Zone 'E', on 8‑5‑71. It is also contended that application so far as this respondent is concerned may be dismissed.

The case of the applicants rests on the Notification of the Government of West Pakistan dated 27th of June 1968, in which it was ordered to the company to vacate and discontinue the lock‑out: This order was to remain to force for. a period of three moths. This period has expired long ago even stay order against this order was vacated by the High Court on 15‑4‑71. The applicants 4ave moved this Court on 19‑5‑1972. The application is therefore barred by time, the same stands dismissed.

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