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UNITED SUGAR MILLS versus MUHAMMAD TUFAIL


Industrial Relations Ordinance 1969 Section 25A & 38 (3A) temporarily banning the employer from evacuating residential employees from residential quarters, not ordering speech in the Labor Court order which does not require the appellate tribunal to amend. The remanding case should be re-set.

1986 P L C 684 (1)

[Labour Appellate Tribunal Punjab]

Present: Muhammad Abdul Ghafoor Khan Lodhi,

Appellate Tribunal

UNITED SUGAR MILLS

Versus

MUHAMMAD TUFAIL

Petition No.RYK‑418 of 1985, decided on 23rd December, 1985.

Industrial Relations Ordinance (XXIII of 1969)‑‑

‑‑‑Ss. 25‑A & 38 (3‑a)‑‑Interim stay restraining employer from ejecting terminated worker from residential quarter‑‑Order of Labour Court not a speaking order set aside in revision by Appellate Tribunal remanding case for redecision.

M.G. Rabbani for Petitioner.

Nemo for Respondent.

Date of hearing: 18th December, 1985.

JUDGMENT

The order dated 31‑10‑1985 recorded by the learned Presiding Officer, Punjab Labour Court No.8. Bahawalpur is reported to be without jurisdiction.

2. In the grievance petition of the respondent for his re‑instatement in service a petition for ad interim stay was made for restraining the petitioner from ejecting the respondent from the quarter allotted to him. It has been argued that according to Standing Order 16, a removed person from service cannot retain quarter for more than 2 months. The learned lower Court has not passed a speaking order. No ground is given how the respondent has a prima facie case and how balance of convenience goes in his favour and which irreparable injury he has toy suffer from by the refusal of the stay order.

3. As a result, the revision is accepted and setting aside the impugned order, the learned lower Court is directed to redecide the application for temporary injunction giving cogent reasons.

A. E.

Revision accepted .

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