Find a Lawyer

Industrial Relations Ordinance (XXIII of 1969)‑--

----S. 38 read with Civil Procedure Code (V of 1908), O. XLVII-- Review‑Provisions of Civil Procedure Code, 1908‑Not applicable to proceedings under Industrial Relations Ordinance, 1969‑Labour Appellate Tribunal has no power to review order of predecessor.

Malik Ghulam Rasool for Petitioners.

Muhammad Saleem Khan and Sh. Aftab Ahmad for Respondent.

Date of hearing : 26th February, 1983.

This review petition has been made by Basharat Ahmad Khan for the interpretation of the order dated 28‑3‑1981 to be effective against Saleem Ahmad Khan and Mohammad Anwar and not against him.

2. Contempt petition was made by the petitioner jointly with Saleem Ahmad Khan Lodhi, Muhammad Anwar and Aftab Ali Hashmi. Before my learned predecessor it was agreed that if the petitioner was willing to forego back benefits, he will be given his due seniority. Name of the complainant is not given in the order who accepted the offer. However, the contempt petition was disposed of as having borne fruit.

3. It has been argued that the petitioner did not make any statement, so he not being party to the undertaking is not bound and thus the order being patently incorrect may be withdrawn against the petitioner. I amt afraid there is no provision of review in the Industrial Relations Ordinance, 1969 and all the provisions of C.P.C. not being applicable, Order XLVII A is not available to empower me to withdraw the order passed by my learned predecessor on 28‑3‑1981. The review petition, therefore, is filed.

Appeal dismissed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.