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Appeal No. QSA‑316 of 1984, decided on 12^th July, 1984.

‑‑‑Ss.25‑A & 37‑‑Appeal‑‑Petitioner challenging order of employer for vacating residential quarter‑‑Order of Labour Court rejecting application for interim injunction‑‑Held: Not appeal-able.

M.A. Hameed Awan for Appellant.

Date of hearing: 8th July, 1984.

The order dated 26‑5‑1984 recorded by the learned Presiding Officer Punjab Labour Court No. 3 Lahore at Ferozewala has been challenged, whereby the petition for interim injunction to restrain the respondents from ejecting the appellant from the quarter in his possession has been dismissed.

2. The appeal does not lie as the impugned order is not a decision passed under section 25‑A of the Industrial Relations Ordinance, 1969. The main petition brought under section 25‑A is still pending. In the petition the order passed by the Personnel Manager directing the appellant to vacate the Quarter No.6‑1 Block‑A has been challenged. The ground for the rejection of the stay petition is that no allotment order of the quarter has been passed in favour of the appellant. It has been argued that there was no practice and the quarter was orally allotted to the appellant. Even if it is so, the appellant should have got an order of allotment passed in his favour when the practice of allotting the quarter by written orders was started. In the absence of an order of allotment it cannot be said that any right guaranteed by any law, settlement or award has been infringed. The petition for stay, therefore, has been rightly rejected by the learned lower Court.

3. As the impugned order does not appear to be suffering from any irregularity, there is no scope to treat the appeal as a revision and to interfere with the impugned order. The appeal is thus dismissed in limine.

A. E

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