Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Appeal No. LHR‑159 of 1984, decided on 25th April, 1984:
‑‑ Ss. 25‑A & 38(3)‑Grievance petition‑Ad interim Stay Order Conditions required (1) petitioners should have arguable case, (2) balance of convenience should be in favour of petitioner and (3) by refusal of stay order petitioner likely to suffer irreparable loss Grievance petition against retirement ‑ Labour Court restraining employer from retiring petitioner till decision of petition‑Order of Labour Court challenged in appeal before Appellate Tribunal Tribunal setting aside impugned stay order ‑ Held: Petitioner (respondent), in circumstances, might have an arguable case but balance of convenience was not in his favour nor was he likely to suffer from any irreparable loss because in case of acceptance of his grievance petition he could claim back benefits.
Khalil‑ur‑Rehman for Appellant.
Muhammad Anwar Lodhi, Representative for Respondent.
Date of hearing : 22nd April, 1984.
The order, dated 3rd April, 1984 whereby the appellant was restrained from retiring the respondent from service till the decision of the grievance petition, has been challenged in this appeal.
2. Needless to say that unless three conditions are fulfilled, no stay order can be issued. One is that the party seeking stay order should have at least an arguable case. The second is that balance of convenience should be in his favour and the third is that by the refusal of the stay order, he is likely to suffer irreparable loss. The respondent may have an arguable case on merits but balance of convenience is not in his favour nor he is likely to suffer from any irreparable loss. If he is retired anti ultimately his grievance petition is. accepted, he can claim back benefits. He would get wages without rendering service. This is neither incon venience nor covers loss.
3. As a result, the appeal is accepted and setting aside the impugned order, the application for interim stay is dismissed.
A. E. Appeal accepted,
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer