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1990 PLC 157

NAZAR ALI KHAN and others vs PAKISTAN RAILWAYS and others

Citation1990 PLC 157
CourtLahore High Court
Case No.Writ Petition No, 5548 of 1988
Date1989-07-03
Judge(s)Fazal-e-Mahmood
ResultOrder accordingly

ORDER

This writ petition is directed against many-fold grievance of the petitioners. I need not dilate upon them or decide them prematurely in view of the peculiar circumstances of this case.

2. The facts necessary are that the matter was pending under section 25-A of the I.R.O. before Punjab Labour Court No, 2, at Lahore, at the instance of the rival group of the petitioners. The petitioners gave an application under Order I, Rule 10, C.P.C. for being impleaded as party to this application. Before the application could be decided, they approached the Punjab Labour Appellate Tribunal in revision. Some have wisdom dawned upon the petitioners and they decided to withdraw the revision petition. Learned counsel gave statement before the Punjab Labour Appellate Tribunal on instructions, that the application of the petitioners for being impleaded as a party to the proceedings before the Labour Court was pending in' the lower Court and the petitioner would like to await its result. The Labour Appellate Tribunal accordingly as per statement of the learned counsel for the petitioners, disposed it of as withdrawn.

3. It is admitted before me that subsequently the Labour Court dismissed the application of the petitioners for being impleaded as party. The proper course for the petitioners was to approach the Punjab Labour Appellate Tribunal under section 31(3-a) in its revisional power to look into the propriety of the order passed by the Punjab Labour Court. The only impediment which earlier stood in their way now stands removed. In the earlier case, no order had been passed by the Punjab Labour Appellate Tribunal. Invoking of the writ jurisdiction by the petitioners at this stage is also premature against that order of Labour Court. After the Labour Appellate Tribunal has made an adjudication and passed an order adverse to the petitioners, it is open for the petitioners to approach this Court making out a case for exercise of writ jurisdiction, if they can. This writ petition

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