DECISION ' By this application the Suo Motu Revision jurisdiction of this Tribunal under section 38(3-a) of the Industrial Relations Ordinance, 1969 is invoked to examine the legality, propriety and correctness of the order passed by the learned Presiding Officer, Sindh Labour Court No,VII at Sukkur, dated 28-3- 1989.
2. I have heard Mr. Nizamuddin Baloch, learned Advocate for the applicant and Mr. Kadir Bux Memon, learned counsel for the respondents, and have also gone through the record and proceedings of the case.
3. It appears, that one Asghar Ali had filed an application/grievance petition before the learned Labour Court which was allowed but the grievance petition was dismissed by this Tribunal holding that the Labour Court had no jurisdiction. However, in Constitution Petition No,D-114 of 1984, the learned Division Bench of Sindh High Court at Sukkur vide order, dated 19-3-1985 held that the Labour Court had jurisdiction. The respondent have filed petition for Leave to Appeal before the Hon'ble Supreme Court of Pakistan which was granted by the Hon`ble Supreme Court of Pakistan vide judgment, dated 15-5-1986. Their Lordships had further directed that operation of the impugned order of the High Court shall be held in abeyance till the appeal is decided. Therefore, on the application of the respondents the learned Labour Court stayed the proceedings in the case also.
4. Every case has to be decided on its own facts and merits. In the case of Moharram Ali v. SASO, which was decided today, this question was dealt with at length by this Tribunal. The stay order of the Hon'ble Supreme Court of Pakistan does not direct the stay of all the grievance petitions filed by the employees of SASO. This grievance petition was filed by the applicant in 1984. Six years have already passed away and he is still unemployed. Any further delay would defeat the end of justice.
5. I, therefore, set aside the order staying the proceedings passed by the learned Labour Court and direct that the case may be proceeded and decided on merits.