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1991 PLC 501

MORACFCO INDUSTRIES LTD. and another vs MUHAMMAD YAQOOB and 2

Citation1991 PLC 501
CourtLahore High Court
Judge(s)Malik Muhammad Qayyum
ResultOrder accordingly

' This judgment will dispose of Writ Petitions Nos. 677, 678, 679 and all of 1991 as common questions of law and facts arise therein.

2. The respondents in all these petitions were workmen in the employme of the petitioner. Their services were however, terminated which led them to fill applications under section 25-A of the Industrial Relations Ordinance, 196 before the Labour Court. These petitions were accepted by the Labour Court No,4, Faisalabad vide orders dated 16-12-1990. These orders were challenged the petitioner by filing appeals which are still pending before the Punjab Labo Appellate Tribunal.

Alongwith the appeals the petitioner had applied for the suspension of the order of the Punjab Labour Court but the learned Appellate Tribunal vide its orders dated 23rd of January, 1991 directed that the back benefits may not be paid by the petitioner to the respondents during the pendency of the appeals but the request as regards stay against re-instatement of service was refused. This refusal of the Punjab Labour Appellate Tribunal has obliged the petitioner to file these Constitutional petitions.

2. During the course of hearing it has been stated by the learned counsel for the petitioner Mr. M.

Balal Khan, Advocate that the petitioners are willing to pay emoluments to the respondents from the date of order of the Punjab Labour Court No,4 till the decision of the appeals but the respondent No,1 (in all the petitions) shall not be taken back into service during this period. This offer is acceptable to the learned counsel appearing on behalf of respondent No,1.

3. With the consent of the parties it is directed that subject to the petitioners paying the emoluments to the respondents from the date of the order of the Labour Court No,4, till the decision of appeals filed by them the operation of the order dated 16th of December, 1990 shall remain suspended. The emoluments shall be paid to the respondents within seven days. In the circumstances, there is no order as to costs.

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