The Assistant Director, Labour Welfare (Conciliation), Multan has moved for taking action against the respondent under section 38 (5) of Industrial Relations Ordinance, 1969 for not implementing the direction of learned Punjab Labour Court No, 8, Bahawalpur to re-instate 146 workers of the Colony Woollen Mills, Multan.. The Woollen Mills was closed and the workers terminated, and the petitioner made report under section 46-A of Industrial Relations Ordinance, .1969 for getting the closure declared as illegal lock-out. The report was accepted. The plea of the respondent is that some workers during the pendency of the case under section 46-A bad taken away their dues in full and final settlement of their claim, therefore, they could not be re-instated. Clarification of the order passed by the learned lower Court was sought and the prayer was accepted but it was set aside in revision on the ground that the Labour Court had no power to review its final order.
2. Section 46-A of Industrial Relations Ordinance, 1969 does not provide that if an order passed by the Labour Court is not implemented, the Assistant Director has locus standi to move for contempt.
The petition does not disclose that 146 workers have authorised the Assistant Director to bring a petition under section 38 (5) on their behalf, so much so that even their identity has not been disclosed. Since re-instatement in service is a personal right of the employees, only they can have a cause of grievance of non-implementation of the order passed for their benefits. In criminal cases this is all the more necessary that the beneficiaries of an order should come forward in person to ask for taking action for the non-compliance of the order of the Labour Court or this Tribunal. The peculiar circumstances of the case too demand that the real aggrieved persons should come forward. The peculiarity is that according to the respondent, the workers who have settled their dispute are not interested in asking for re-instatement.
3. As a result of what has been said above, the petition is filed in li mine.