' Submits that on account of omission of the learned Labour Appellate Tribunal to grant any order of suspension of the operation of the order of reinstatement of respondent No.3, the appeal before the said Tribunal had no more remained an adequate remedy and, therefore, this writ petition is competent. He inter alia raises the following points in this writ petition:-
(i) that the failure of the Labour Appellate Tribunal, Lahore in not making any order on the stay application filed by the petitioner even for 20 days allowed under subsection 8 of section 38 of Industrial Relations Ordinance, 1969 after it had admitted the appeal to regular hearing, amounts to failure to exercise jurisdiction vested in it especially when the plea was that the respondent having been held by Enquiry Officer to have defalcated a large sum of money, was likely to make further embezzlement of money if actually reinstated in the same job.
(ii) that no grievance notice having been given, the order of reinstatement passed by the Labour Court No.6, Rawalpindi was on the I B face of it without jurisdiction.
(iii) that the dismissal order having been served upon respondent No.3 through his father in the year, 1978 on account of absence of respondent No.3, and the petition under section 25-A of Industrial Relations Ordinance, 1969 having been filed before the respondent Labour Court on 9-5- 1982 was hopelessly barred by time and, therefore, the order of reinstatement passed by the said Court without adverting to the circumstance of said service on respondent No.3 was without jurisdiction.
2. Reliance for the said points is placed on Tariq Khattak v. Pakistan Tobacco Co. Ltd. 1980 PLC 1027 and Punjab Vegetable Ghee and General Mills Ltd., Lahore v. Chairman Punjab Labour Court No.1 and 2 others PLD 1978 Lah.
1065. The points raised needed examination. Admit. Notice.
3. The operation of the order of reinstatement of respondent No.3 dated 5-2-1983 passed by respondent No.2 would remain suspended in the meanwhile. This is, however, subject to notice to the respondents for a very early date.
Petition admitted.