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Application No. 163 of 1973, decided on 4th August 1973.

Industrial Relations Ordinance (XXIII of 1969)

-- S. 47 read with Civil Procedure Code (V of 1908), O. XXXIX, r. 2 Termination of service-Stay against-Road Transport workers case Notice of termination issued under Road Transport Corporation (Removal of Undesirable Employees) Ordinance, 1965 during pendency of industrial dispute before Court-Petitioner, held, had a fair question to raise in support of his legal right notwithstanding arguments, that Road Transport Corporation (Removal of Undesirable Employees) Ordinance, 1965 being a specific law overrides provisions of Industrial Relations Ordinance, 1969-Stay order, in circumstances, granted against termination of service without permission of Court till final adjudication of industrial dispute

Ellahi Bakhsh petitioner has moved this application under Order XXXIX, rule 2 read with section 151 of the C. P. C. with the prayer that an order restraining the respondent from terminating his services till the final adjudication of Industrial Dispute No. 14/73 and industrial dispute arising out of strike notice dated 2-4-73 (Industrial Dispute No. 23/73) be issued.

Arguments heard. Industrial Dispute No. 14/73 has already been withdrawn. In Industrial Dispute No. 23/73, arising out of strike notice dated 2-4-1973, one of the demands (demand No. 1) for adjudication is that the notice issued to the workmen under R. T. C (removal of Undesirable Employees) Ordinance. 1965 be ordered to be withdrawn. The learned representative of the respondent contended that the said Ordinance being a special law overrides the provision of I.R.O., 1969. The learned representative for the petitioner argued that a workman has a guarantee right under section 47 of the I. R. O. that the conditions of service applicable to him before the commencement of an industrial dispute shall not be altered to his dis-advantage during the pendency of the industrial dispute nor shall he be dismissed from service except with the permission of the Labour Court. He argued that the RTC (Removal of Undesirable Employees) Ordinance, 1965 is a Provincial Statute and the I. R. O., 1969 is a Central Statute, therefore, the provision of the I. R. O. 1969 shall prevail. I feel that the petitioner has a fair question to raise and has shown a prima facie case in support; of the legal right asserted by him.

In view of the above stay order to the effect that the services of the petitioner shall not be terminated without the permission of the Labour Court is granted till the final adjudication of Industrial Dispute No. 23/73.

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