1. ' This petition is directed against the order dated 7-5-1988 passed by the first respondent whereby the application for rejection was dismissed.
2. ' The facts leading to the filing of the above petition are that the petitioner is a General Secretary of C.B.A. Union of the second respondent. The second respondent terminated services of all its workmen numbering 120 on or about 18th February, 1988. Subsequently the second respondent filed an application under 11(A) before the 1st respondent. The petitioners filed application under Order VII, Rule 11, C.P.C. Praying for rejection of the application on the ground that the second respondent has already terminated the services of all the workmen and closed down the whole of its establishment without the prior permission of the Labour Court and the Labour Court did not have any jurisdiction to confer legality post facto to any legal act. The second respondent after hearing the arguments of the counsel for the parties dismissed the application by the impugned order dated 7-5-1988 as stated in earlier part of this judgment. The petitioner being aggrieved against the order has filed the present petition.
3. ' I have heard Mr. Ali Amjad in support of the petition. After hearing the learned counsel for the petitioner at length both the learned counsel for the parties have filed a joint statement stating therein that the rod, dated 7-5-1988 be set aside and the case be remanded to second respondent. It is advantageous to reproduce the statement which reads:- "It is agreed by the parties that this Humble Court may set aside the orders of the IHrd Sind Labour Court Karachi, dated 7-5-1988 impugned in the present petition and to remand the case to the Labour Court for deciding the legal objections raised by the petitioner after taking into consideration the amendment brought in Standing Order 11-A of West Pakistan Industrial and Commercial Standing Orders Ordinance, 1968 by virtue of Act XI of 1976 and to also decide the main application by 1st February, 1989."
4. I think the request is just and proper in the circumstances of the case. The petition is allowed and impugned order dated 7-5-1988 is set aside. The second respondent is directed to decide the legal objections raised by the petitioner after taking into consideration the amendment brought in Standing Orders 11-A of West Pakistan Industrial and Commercial (Standing Orders) Ordinance, 1968 in accordance with law along with the main application as well as legal objections on or before 1st February, 1989. Petition No, S-60 of 1988 is disposed of in the above terms with no order as to costs.