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Petition No. FD‑230 of 1982/Pb., decided on 14th March, 1983.

Industrial Relations Ordinance (XXIII of 1969)‑--

‑‑ Ss. 25‑A (8) & (9) read with Ss. 54 & 55‑Prosecution for non‑compliance of orders of Labour Court on grievance petition -Complaint can be made directly by beneficiary of order only if time fixed in order for its implementation ‑No time fixed by Labour Court‑Beneficiary of order to move Labour Court for bringing complaint‑Workman refusing to obey transfer order‑Dismissed from service for such misconduct‑Dismissal order set aside while accepting grievance petition of workmen by Labour Court for technical reasons and allowing employer to hold fresh enquiry -Employer in compliance with order of Labour Court re‑instating and asking workmen to join duty on post job on which he was transferred prior to disciplinary proceedings‑Workman refusing to take duty and insisting for being given duty on post/job being held by him previous to transfer order‑Employer not accepting such demand- Workman making complaint and Labour Court summoning employer to stand trial‑Labour Appellate Tribunal in suo mote exercise of revision powers, in circumstances, held, that Labour Court wrongly observed that. a prima facie case under S. 25‑A (8) read with Ss. 54 & 55 had been made up and order of summon ing employer set aside‑Revision‑Industrial Relations Ordinance (XXIII of 1969), S. 38 (3‑a),

M. A. Siddiqui for Petitioner.

Mehr Muhammad Murad Khan for Respondent.

Date of hearing : 9th March, 1983.

The order dated 24th May, 1981 whereby the petitioner was summon ed to stand trial under section 25‑A (8) read with sections 54 and 55 of the Industrial Relations Ordinance, 1969 has been challenged, in this revision. The respondent was Soap Clerk and was transferred to the post of Oil Clerk. He did not obey the order, therefore, was charge‑sheeted and after holding an enquiry was dismissed from service. The respondent challenged the order of dismissal in a grievance petition which was accepted and the respondent was directed to be reinstated in service allowing the petitioner to hold fresh enquiry. The legality of the transfer order was not touched by the learned lower Court. After the order of reinstatement was passed the (respondent made an application to the petitioner for being given duty and he was reinstated on the post of Oil Clerk. The respondent refused to take duty as Oil Clerk and asked the petitioner that he be given duty on the post of Soap Clerk. Since it was not done, the respondent made a complaint under section 25‑A (8) read with sections 54 and 55 of the Industrial Relations Ordinance, 1969.

2. Section 25‑A (9) is relevant. If in the order time is fixed within which it is to be implemented, complaint can be made by the beneficiary of the order but if no time is fixed then complaint can be made, according to section 25‑A (9) (b), by the Court that passed the order. In the present case the lower Court did not fix the time for the implementation of the order, therefore, the respondent could not bring the complaint directly. He should have moved the Labour Court concerned for bringing the/ complaint. The complaint brought by the respondent is, therefore, no it competent.

3. Even on merits the respondent has no case. The order passed by the learned lower Court has been duly implemented. The Labour Court did not hold that the transfer of the respondent to the post of Oil Clerk was illegal, nor the said order was set aside. Only on a technical ground the respondent was directed to be reinstated allowing the petitioner to hold fresh enquiry. The respondent was, in compliance with the order of the Labour Court, reinstated and asked to join duty as Oil Clerk but a he refused. The learned lower Court in these circumstances wrongly observed that a prima facie case under section 25‑A (8) read with sections 54 and 55 had been made‑up.

4. As a result of what has been said above, I accept the revision and setting aside the impugned order of summoning the petitioner, dismiss, the complaint.

A.E. Complaint dismissed.

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