1. DECISION ' I have heard Mr. M.L. Shahani for the applicant and Ch. Muhammad Ashraf Khan for the respondent. Applicant and contemner are also present in person.
2. It appears prima facie that the order of this Tribunal was not implemented within a period specified under subsection (8) of section 25-A of I.R.O., 1969. This subsection (8) itself provides the consequence of such non-implementation. Under the circumstances in my opinion the proper remedy available would be a complaint under subsection (8) and not an application under section 38(5) read with section 3 of the Contempt of Court Act, 1976. The contempt of Court implies something more than mere non-implementation of order. In this case the order has been implemented though it is contended by the applicant that it has not been fully implemented but it has been implemented fully or partially after the period prescribed under subsection (8).
3. ' The grievance petition was originally dismissed by the learned Labour Court but in appeal the order of Labour Court was reversed by this Tribunal and the applicant was ordered to be reinstated with full back benefits forthwith. Words "forthwith" are a little vague, which could mean as early as possible, but it could not be said to have fixed any specific time for the implementation of order. As such the complaint in this use in view of subsection (9)(a) cannot be filed by the applicant, but under clause (b) of the said subsection has to be filed by this Tribunal.
4. ' In view of the above discussion, I dismiss this application of the applicant for the contempt of Court proceedings and direct the Registrar of this Tribunal to C file complaint in writing before Labour Court having jurisdiction as required under section 25-A (9)(b) of the I.R.O., 1969.