DECISION ' Muhammad Younus had filed a petition under section 25-A of the Industrial Relations Ordinance, 1969 in the Labour Court which came to be dismissed. However, his appeal was allowed. The respondent of had filed a Writ Petition in the High Court challenging the decision of the Tribunal, but later on it was withdrawn.
2. Thereafter Muhammad Younus had presented an application before the Labour Court under section 51 of the IRO for the recovery of the back benefits.
3. The application came to be resisted by the respondent Company. The contention was that as the Tribunal had allowed his reinstatement, the application was to be filed here and not before the Labour Court.
4.: The learned Presiding Officer in view of the authorities cited before him and also looking to the provisions of section 51, IRO itself and the rules framed thereunder, upheld the objection of the Company and by the impugned order returned the application for presentation before this Tribunal.
5. Mirza Muhammad Kazim the learned counsel for the applicant Muhammad Younus inter alia relied upon 2 decisions of the Supreme Court namely Muhammad Farooq Khan v. Karachi Club and others being Civil Appeal No, 114-K of 1986, and Dilkusha Enterprises Limited v. Abdul Rasheed and others 1985 SCM R 1882. In the latter case it was held as under:-- "The plain reading of section 51 of the Industrial Relations Ordinance makes it abundantly clear that the Labour Court has been vested with the powers to take proceedings under section 51 in regard to the money due or benefit to be received by a worker under a settlement or under an award or decision by the Arbitrator, Labour Court or Tribunal."
' Notice was also taken of rule 73 referred to above. Otherwise too, the rules if in conflict with the provisions of the parent law have got to yield to the latter. Mr. Samad had nothing to say beyond what is to be formed in the order.
6. As presently advised, I am of the opinion that the application under section 51, IRO was properly presented before the Labour Court and the same should be disposed of in accordance with law at an early date.
' The parties are directed to appear before Labour Court III on 4-5-1992.