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GULZAR AHMAD versus CHIEF PERSONNEL OFFICER, PAKISTAN RAILWAYS, HEADQUARTERS OFFICE, LAHORE


Industrial Relations Ordinance 1969 Section 38 (5) Complaint for non-compliance with the direction of the Labor Court, decided or complied with the Labor Court order, therefore, was not a contempt of court case.

1986 P L C 439

[Labour Appellate Tribunal Punjab]

Present: Muhammad Abdul Ghafoor Khan Lodhi, Appellate Tribunal

GULZAR AHMAD

versus

CHIEF PERSONNEL OFFICER, PAKISTAN RAILWAYS, HEADQUARTERS OFFICE, LAHORE

Petition No. LHR‑297 of 1985, decided on 13th October, 1985.

Industrial Relations Ordinance (XXIII

oaf 1969)

‑‑‑S. 38(5)‑‑Complaint for non‑compliance with direction of Labour Court‑‑Labour Court directing that question of entitlement of back benefits will be decided by employer‑‑Employer allowing leave due for period involved‑‑Question of entitlement of back benefits, in circumstances, held, decided one way or the other and order of Labour Court stood complied with, hence, there was no case of contempt of Court.

Syed Muhammad Naqi for Respondent.

Date of hearing: 30th September, 1985.

ORDER

This is a complaint under section 38 (5) of the Industrial Relations Ordinance, 1969 alleging that the respondent did not obey the direction of the learned Presiding Officer, Punjab Labour Court No.2, Lahore. The direction was that the respondent would decide the question of the entitlement to back benefits. The respondent has allowed leave due. Since question of entitlement to back benefits has been decided one way or the other, it cannot be said that the order of the learned Labour Court has not been complied with the petitioner is not satisfied with the order, he may challenge it but prima facie no case of contempt of Court stands made out.

2. As a result, the petition is dismissed.

A.E. Petition dismissed

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