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Appeal No. 12(18) of 1984, decided on 19th August, 1985.
‑‑‑S. 22 (B) (4)‑‑National Industrial Relations Commission (Procedure and Functions) Regulations, 1973, Regln. 32(2)‑‑Employees dismissed before hearing of petition‑‑Petition by employees proceeded on basis that they were still in employment‑‑Appeal by petitioner also proceeded on same basis‑‑Prayer in appeal had to be amended to seek new relief to conform to existing reality‑‑Commission could not grant any relief which was not prayed for‑‑Larger relief, held, could not be granted than prayed for‑‑Appeal was dismissed in circumstances.
Secretary to Government (West Pakistan) now N.‑W.F.P. Department of Agriculture and Forest, Peshawar and 4 others v. Kazi Abdul Kafil P L D 1978 S C 242 rel.
Mushtaq Ahmed for Appellants.
M.G. Rabbani for Respondent.
This appeal has been heard under subsection (4) of section 22‑B of the Industrial Relations Ordinance, 1969, in the absence of third learned Member Mr. Aziz Ahmed who is indisposed.
2. This appeal was filed by Abdul Ghafoor and Muhammad Bakhsh against Khaliq Raza Khan, General Manager, United Sugar Mills, Bukshabad, Sadiqabad, District Rahimyar Khan against the orders of learned Senior Member of this Commission in Civil Petition No. 4 (175)/83. Brief facts of the case are that appellants employed as workers in the said mills were charge‑sheeted for beating one Muhammad Ali, Electrical Engineer of the mills on 18‑6‑1983. The Inquiry Officer held them guilty. Second show‑cause notice, dated 30‑7‑1983 required them to show cause as to why they should not be dismissed. They filed Civil Petition No. 4(175) of 1983 in the Commission on 11‑8‑1983, and prayed "that the respondent be directed not to dismiss the petitioners pending decision of the present case. "A Petition No. 24(164) of 1983 under Regulation 32(2) of the N.I.R.C. (Procedure & Functions) Regulations, 1973 was also filed the same day praying that "the respondent be directed not to pass orders of dismissal or to take action which may amount to unfair labour practice against the petitioners and office‑bearers of the C.B.A. union." An interim stay order was granted on petition No. 24(164) of 1983 (ibid) which was, however, vacated on 4‑4‑1984 through a separate order after the main Petition No. 4(175) of 1983 was dismissed on the same day on the ground that the appellants/ petitioners had failed to prove that they were being ousted from service for their trade union activities.
3. Detailed arguments have been heard.
4. The prayer in this appeal, dated 8‑4‑1984 before us is as follows: ‑‑
"It is, therefore, respectfully prayed that the decision given by the Hon'ble Senior Member on 4‑4‑1984 be set aside and a final decision taken in the N.I.R.C. itself that the two appellants Abdul Ghafoor with 12/13 years of service and Muhammad Bakhsh with 7/8 years of service and unblemished record cannot be dismissed from service on the basis of the charges levelled against them."
5. The main Petition No. 4(175), the petition under Regulation 32(2) bearing No. 24(164) of 1983 made on 11‑8‑1983 proceed on the basis that the petitioners were in employment on that day. Similarly the prayer in the appeal before us, that, the appellants cannot be dismissed from service on the basis of the charges levelled against them, proceeds on the assumption that the appellants were in employment while both of them had already been, admittedly dismissed before the hearing of this appeal. Thus, prayer in the appeal had to be amended to seek new relief to conform to the existing reality. Since we are unable to grant any relief which is not prayed for and the dictum of the Supreme Court in case of Secretary to Government (West Pakistan) now N.‑W.F.P. Department of Agriculture and Forest, Peshawar and 4 others v. Kazi Abdul Kazi P L D 1978 S C 242 clearly prescribes that a larger relief cannot be granted than prayed for, this appeal is dismissed.
A.A.
Appeal dismissed.
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