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(K.L.R. 2012 Labour & Service Cases 28)

St. Catherine High School, Warispura, Faisalabad Through Principal Sister

Citation(K.L.R. 2012 Labour & Service Cases 28)
CourtLahore High Court
Case No.L.A. No. 46 of 2008
Date2008-02-27
Judge(s)Hafiz Tariq Nasim
ResultAppeal dismissed

ORDER

HAFIZ TARIQ NASIM, J. - This is Labour Appeal against the order dated 24.1.2008 passed by the learned Presiding Officer, Punjab Labour Court No. 4, Faisalabad whereby the respondent was reinstated in service with all back benefits.

2. It is important to note that the learned Labour Court have not issued a clean chit to the respondent or made a clog on the powers of the appellant for proceeding against the respondent afresh.

3. It is to be noticed that the learned Labour Court concluded its judgment in the following terms:- "If the respondents have some genuine allegations against the petitioner then after the reinstatement of the petitioner in service and payment other back dues, should issue show-cause notice and hold enquiry and then should pass written order in accordance with law."

4. The learned counsel for the appellant argued the case with vehemence and submits that practically this remand order dated 24.1.2008 is a nullity in the eye of law and shall amount to lingering on the proceedings.

5. Arguments heard; available record perused.

6. I have gone through the impugned order and I am of the affirmed view that the learned Presiding Officer, Punjab Labour Court No. 4, Faisalabad decided the case strictly in accordance to law for following the series of judgments of the Hon'ble Supreme Court of Pakistan which are available in such like controversy.

7. I do not find any reason to interfere in the impugned order particularly when the appellant is allowed to proceed against the respondent provided if some cogent material is available against the respondent but strictly in accordance to law and rules.

For the foregoing reasons this appeal being devoid of any force is dismissed with no order as to costs.

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