' After the dismissal of stay application as well as main petition, learned advocate for the petitioner filed this application under section 151, C.P.0 praying therein to keep the operation of the order in abeyance and to continue the interim order of stay till hearing of appeal by the Full Bench. Notice of this application was given to the respondent whose advocate has filed objections.
2. I have heard the learned advocate for the petitioners and learned advocate for the respondents.
3. Learned Advocate for the respondents strongly opposed this application on the ground that application is not supported by an affidavit, this Court after disposing of the case has become functus officio and therefore, neither can review nor revise its own order nor can suspend or keep in abeyance the operation of judgment. He also argued that the application is misconceived as after the dismissal of stay application learned advocate of the petitioners wants continuation of the stay order which will amount to information of the stay order.
4. On the other hand learned advocate for the petitioners argued that he wants to file appeal against the order of this Commission at Islamabad and therefore, he needs time to file appeal and till then the operation of judgment of this Commission may be suspended otherwise the respondent will terminate the services of the petitioners.
5. This application appears to be not maintainable. It is not known if the petitioners actually want to file an appeal or not as no affidavit of the petitioners has been filed alongwith application. Even otherwise provisions of C.P.C. Are not strictly applicable to the proceedings before this Commission.
National Industrial Relations Commission acts as the Special Court and not as Civil Court. Once the order is passed by the N.I.R.C. It cannot review, revise or suspend the operation of its order. The N.I.R.C. After passing the order becomes functus officio and it is for the Appellate Court to .Stay or suspends the operation of judgment of this Court.
6. By judgment the stay application has been dismissed on merits. Now the learned advocate for the petitioners wants to continue the stay application which amounts that stay order will be confirmed. This will be a conflicting order and no such prayer can be granted in this Misc.
Application. Accordingly I do not find any merits in this application and dismiss it accordingly.
' Announced in open Court. This 1 lth day of June, 2002.