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PLJ 2017 Tr.C. (Labour) 206

CH. MUHAMMAD TARIQ, CHAIRMAN MUHAMMAD ASHRAF vs RIZWAN ALI

CitationPLJ 2017 Tr.C. (Labour) 206
CourtLabour Appellate Tribunal
Case No.Rev. P. NO. LHR-623/2016,
Date2017-02-07
Judge(s)Ch. Muhammad Tariq
ResultPetition accepted.

1. ' This revision petition has been directed against the impugned order dated 06.12.2016 passed by the learned Punjab Labour Court No, 4, Faisalabad.

2. 2.Brief facts of the case as per contents of revision petition are that the respondent was appointed as Driver with effect from 25.8.2015. On appointment, the respondent had submitted a copy of his matriculation certificate. As per practice, the certificate was sent to Board of Intermediate and Secondary Education Lahore for verification. From where it was replied that the certificate of respondent is bogus. Thereupon a show cause notice through registered post was issued to the respondent vide No, 1578 dated 5.12.2015 and in the same letter the respondent was provided with an opportunity of personal hearing. The respondent was also directed to appear before the Agriculture Engineer on 10.12.2015 at 10:00 AM. But neither the respondent appeared nor he replied the show cause notice therefore, his contract was terminated vide office order dated 16.12.2016.

3. 3.The respondent challenged the order of his dismissal through a grievance petition before the learned Labour Court below who vide its order dated 16.12.2016 directed the petitioner establishment to implement the interim injunction issued by the learned Labour Court below on 2.5.2016 before the next date of hearing i,e, 19.12.2016 and reinstate the respondent.

4. 4.Hence this revision petition on the grounds mentioned therein.

5. 5.The respondent was repeatedly served through notices but despite service of notices the respondent did not turn up therefore, the respondent is proceeded ex parte.

6. 6.Arguments of the learned counsel for the petitioner heard. Record perused.

7. 7.According to the facts of the case, the respondent was appointed as Driver with effect from 25.8.2015. On appointment, the respondent had submitted a copy of his matriculation certificate. As per practice, the certificate was sent to Board of Intermediate and Secondary Education Lahore for verification. From where it was replied that the certificate of respondent is bogus. Thereupon a show cause notice through registered post was issued to the respondent vide No, 1578 dated 5.12.2015 and in the same letter the respondent was provided within an opportunity of personal hearing. The respondent was also directed to appear before the Agriculture Engineer on 10.12.2015 at 10:00 AM. But neither the respondent appeared nor he replied the show cause notice therefore, his contract was terminated vide office order dated 16.12.2016.

8. 8.The grievance petition is still pending before the learned Labour Court below to determine the legality of dismissal order of respondent. The learned Labour Court below travelled beyond its jurisdiction while granting the main relief to the respondent prior to fk deciding the matter in the light of evidence of the parties which order is neither sustainable nor warranted under the law because object of passing interlocutory or order of status quo is to maintain situation obtaining on that date when party concerned had approached the Court and not to create new situation. Court could not grant interlocutory relief of the nature which would amount to allowing main case without trial. Relied on law reported as: 1997 SCM R 1508

9. In view of the above circumstances, this revision petition is accepted impugned order dated 06.12.2016 passed by the learned Punjab Labour Court No, 4, Faisalabad is set aside and learned Labour Court below is directed to decide the legality of termination order of respondent dated 16.12.2015 in the light of evidence of the parties.

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