' The petitioner Muslim Commercial Bank Ltd., has moved this Constitutional petition praying therein that the impugned order passed by the respondent No, 3, Presiding Officer, Punjab Labour Court No, 5, Sargodha and the interim order dated 7-8-1988 passed by respondent No, 1, Punjab Labour Appellate Tribunal, Lahore, may be declared without lawful authority and of no legal consequence.
2. The learned Presiding Officer, Punjab Labour Court No, 5, Sargodha vide his detailed order dated 7-8-1988 accepted the grievance petition of the respondent No, 2 with a direction that the petitioner shall give him his duty upto 31-8-1988. This order has been challenged by the petitioner by filing an appeal before the Punjab Labour Appellate Tribunal, Lahore. The learned Tribunal has admitted the appeal and notice has been issued to the respondent.
3. Learned counsel for the petitioner contended that the impugned order dated 7-8-1988 passed by the respondent No, 3 is without jurisdiction on the ground that the respondent No, 2 is not at all a workman. This point of jurisdiction has been repeated before me by the learned counsel forcefully. I am afraid I cannot decide the point one way or the other at this stage because the petitioner himself has gone in appeal challenging the same point before the learned Labour Appellate Tribunal. It has been brought to my notice that the main appeal is fixed for final hearing on 11-10- 1988. The petitioner shall be at liberty to take up all these points before the Punjab Labour Appellate Tribunal, Lahore, which are being taken up and argued before me today. The petitioner himself has moved the learned Appellate Tribunal and as such the learned Tribunal shall decide the points on law as well as facts after hearing the parties. I do not find any substance in the petition which is dismissed leaving the parties to bear their own costs. The learned Labour Appellate Tribunal, after hearing that parties, shall decide the fate of the appeal on 11-10-1988.