ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.No.D-1136 of 2013

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Order with signature of Judge

1.For orders on office objection.

2.For katcha peshi

3.For hearing of CMA No.3156/13

4.For hearing of CMA No.3157/13

10.03.2014

Mr.M.Atiq Qureshi, Advocate for the petitioner.

Mr.Nazir Oad, Advocate for the respondent No.2

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The petitioner was issued a show cause notice under Standing Order 15(3) of West Pakistan Industrial & Commercial Employment (Standing Orders) Ordinance 1968 and after inquiry he was dismissed from service. He challenged the dismissal order before the Fourth Labour Court at Karachi through grievance Petition No.169/2008. The grievance petition was allowed and the dismissal order was set aside. The petitioner was reinstated in service without back benefits.

Cross appeals were filed, the petitioner filed appeal for the non-grant of back benefits, while the management filed the appeal against the reinstatement order. Both the appeals were heard together and vide order dated 28.8.2012 the Labour Appellate Tribunal set-aside the order of the Labour Court and remanded the matter back to the Labour Court with the directions to decide the matter afresh after giving opportunity of hearing to both the parties. Counsel for the petitioner argued that in the impugned judgment the learned Tribunal has given finding on merits of the case which amounts to prejudice the case of the petitioner in the Labour Court after remand. He further argued that since show cause notice was issued to the petitioner under Standing Orders Ordinance, so he rightly approached to the Labour Court and the finding of the Tribunal that it was the case of unfair labour practice is totally a misconceived finding without application of mind.

On the contrary learned counsel for the respondent No.2 argued that this was not the only point but there are other points also which are mentioned in the order passed for remanding back the matter. Learned counsel for the respondent No.2 argued that the effect of Standing Order 12(3) of the Ordinance, 1968 is also to be seen by the Labour Court whether the dismissal of the petitioner on account of misconduct amounts to industrial dispute or not.

After arguing at some length, the learned counsel for the parties agreed that this petition may be disposed of at Katcha Peshi stage. They further agreed that let this matter be decided by the learned Labour Court, but while deciding the case the learned Labour Court shall not be influenced with the finding of the Labour Appellate Tribunal so that proper and just order may be passed in accordance with law. By consent this petition is disposed of with the directions to the learned Labour Court to decide the grievance petition No.169 of 2008 within a period of one month, however it is clarified that while hearing the case the learned Labour Court shall apply its independent mind without being influenced by the finding of the labour appellant Tribunal and decide the case in accordance with law.

JUDGE