' The instant appeal has been filed by the appellant against the ad A interim order, dated 14-11- 2006 passed by the learned Member NIRC Bench Office Peshawar whereby he suspended the operation of the termination orders of the petitioners/respondents. This appeal is not against the final decision or award hence it is not maintainable under section 52 of the IRO, 2002. The learned Advocate for the appellant has contended that this impugned ad interim order is without jurisdiction and without any lawful authority as according to him the learned Single Member has no power to suspend the said order as he has done because by this order the respondent/petitioner stand reinstated. In support of his contention he has relied upon the following judgments:-
(i) Ameer Abdullah v. MD Pak American Fertilizer 2006 PLC 319 and (ii) Lucky Textile Mills through General Manager v. Abdul Rashid and 14 others 2006 PLC 108.
2. After perusal of the record and considering the arguments extended by the learned counsel for the appellant we are of the considered view that these contentions are tenable and the authorities relied upon by him are not attracted to the facts of the present case. The judgment relied upon pertains to the cases which have been disposed of and determined finally after hearing both the sides while in the present case the learned Single Member after taking into consideration the prima facie case, the balance of convenience and irreparable loss has rightly passed the ad interim order. Hence no exception can be taken to this ad interim order which appears to be proper in the attending circumstances of the case. The learned Advocate for the appellant should advance these arguments before the single member at Peshawar which he has made before this Bench after filing objections to enable the learned Single Member to dispose of the stay application on merit.
3. In the above circumstances this appeal has no merit and is dismissed in limine.