DECISION ' This is suo motu Revision Application against the order of learned Presiding Officer, Sindh Labour Court No, VII at Sukkur dated 24th March, 1990. The operative part of the order may be produced as under:-- "I have therefore come to the conclusion that the termination order dated 31-8-1989 having not been served on the applicant is of no consequence and the applicant is still in service of the respondent No,
1. Balance of convenience therefore lies in favour of the applicant. The status quo order earlier granted by my learned predecessor is therefore hereby confirmed.
' The application for contempt of Court under section 39, Rules 3 and 4 does not merit consideration as the order of termination is not subsequent to the interim order of status quo dated 8-11-1989. The application for contempt is therefore dismissed."
2. Mr. Manzar Alam contends that after the issuance of dismissal order the respondent could not have been deemed to be in service, therefore status quo order could not have been issued by the learned Labour Court. He however admits, that after the issuance of this order dated 24-3-1990, the respondent is in service. The learned Labour Court has come tentatively to the conclusion that termination order dated 31-8-1989 had not been served upon the respondent and was therefore of no consequence. The respondent who is present in this Tribunal also states, that termination order was not served upon him.
3. Be that as it may, the respondent has admittedly remained in service for more than one year, at least after the impugned order dated 24-3-1990 was passed. As such it would not be proper and correct, at this stage, to order his removal from service by setting aside the interim order passed by the leained Labour Court as it would amount to pre-judging and prejudicing the case of the respondent. I do not find any illegality in the order. I, therefore, dismiss the Revision Application with this direction that learned Labour Court should dispose of the case within three months.