ORDER SHEET

THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-458 of 2014

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Date Order with signature(s) of Judge(s)

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Present:

Muhammad Ali Mazhar, J.

Abdul Maalik Gaddi, J.

1. For hearing of CMA No.2195/2014

2. For hearing of Main Case.

09^th November, 2016.

Mr. Muhammad Ali Khan Advocate for the Petitioner.

Mr. M. A. K. Azmati Advocate for the Respondent No.1

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Muhammad Ali Mazhar, J. – The brief facts of the case are that respondent No.1 filed his application under Section 45(4)(e) read with Section 17 of Sindh Industrial Relations Act, 2013 in Vth Sindh Labour Court, Karachi with the prayer that club management may be restrained for committing any act of unfair labour practice and from passing any order and adverse action against the applicant pursuant to the show cause notice. Vide order dated 16.12.2013, the Presiding Officer, Vth Sindh Labour Court, Karachi dismissed the stay application as well as main case.

2. Being aggrieved by this decision, respondent No.1 filed appeal in the Sindh Labour Appellate Tribunal at Karachi and vide interim order dated 17.01.2014, his appeal was admitted for regular hearing and the operation of the impugned order dated 16.12.2013 was suspended with further directions that the appellant be treated on duty.

3. Learned counsel for the petitioner argued that the Sindh Labour Court dismissed the stay application as well as main case. On the same date, the management dismissed the services of respondent No.1. Copy of the dismissal order dated 16.12.2013 is available on record at page 203. Learned counsel further argued that after dismissal of service, it was fresh cause of action and respondent No.1 could have filed separate proceedings but the Sindh Labour Appellate Tribunal, Karachi while admitting the appeal and suspending the operation of the impugned order, also directed the management to treat respondent No.1 on duty. This petition is pending since 2014 without any progress and it is also fact that appeal is pending before the Sindh Labour Appellate Tribunal, Karachi wherein as interim measure, the operation of the impugned order was suspended. It is also clearly reflecting from the Tribunal’s order that the fact of the dismissal of respondent No.1 vide order dated 16.12.2013 is taken due care of, so at this stage, we are not inclined to interfere with the interim order passed by the learned Sindh Labour Appellate Tribunal, Karachi, however, it would be appropriate to argue this question before the same Tribunal, where the appeal is pending.

4. After arguing at some length, both learned counsel submit that this petition may be disposed of with the directions to the learned Sindh Labour Appellate Tribunal, Karachi to expedite the process and disposed of the appeal, which is pending for the last two years, within one (01) month, after providing opportunity of hearing. Petition is disposed of accordingly, with the direction to the learned Sindh Labour Appellate Tribunal, Karachi to decide the appeal, preferably, within a period of one (01) month, where the learned counsel for the parties may raise all such legal objections.

The petition is disposed of alongwith pending application.

JUDGE

Faizan/