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Petition No. Lhr. 39 of 1978, decided on 8th March, 1982.
---Ss. 54 & 55--Order of termination of service received--Obtained order of interim injunction against termination by making false statement- Subsequent complaint for violation of stay order dismissed on ground that since order had been passed before injunction was issued, no violation of stay was made.
Ch. Ghulam Qadir Cheema for Petitioner.
Naeem Bokhari for Respondents.
Date of hearing: 16th February, 1982.
This revision petition arises from the order dated 26-12-1977 passed by the learned Presiding Officer, Punjab Labour Court No.1, Lahore, whereby he dismissed the complaint brought by the petitioner under sections 54 and 55 of the Industrial Relations Ordinance, 1969.
2. The facts are that the services of the petitioner were terminated on 28-7-1976 and an attempt was made to serve the order on him but it could not be done. Ultimately, the order was sent to him by registered post, which was received by him on 30-7-1976. He brought the grievance petition and made an application for injunction to the effect that the respondents be restrained from dismissing him from service. The interim injunction was issued which was later on vacated. The petitioner brought the complaint for the violation of ad interim injunction order issued by the court. The complaint brought by the petitioner was dismissed on the ground that he had obtained ad interim stay order by making false statement that he was going to be dismissed and prayed that the respondents be restrained from passing the dismissal order till the decision of the case with the direction that he may be put back on duty. This is apparent that before the stay order had been obtained and even before the petitioner had brought the grievance petition, the order of dismissal had already been passed. So, no question could arise for restraining the respondents from passing such an order. Since the order of dismissal had already been passed before the injunction was issued, manifestly no violation of the stay order was made by the respondents. The complaint in these circumstances were rightly dismissed. There is no force in the revision, which is dismissed.
M. I.
Petition dismissed.
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