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1994 PLC 624

S. JAMSHED RAZA vs Syed NAIMUL HAQ

Citation1994 PLC 624
CourtLabour Appellate Tribunal
Case No.Revision Application No. KAR-2 of 1993
Date1994-03-24
Judge(s)Agha Ali Hyder
ResultApplication dismissed

DECISION The respondent had filed a complaint before the Labour Court against three persons for breach of a term of the settlement arrived at between the Steel Mill and the C.BA. The Labour Court had issued process only against the informant and it is this order of issuing process which has been challenged here.

2. No evidence has been led in the case and it is nobody's case that the clause which is alleged to have been breached did not exist in the settlement. As to whether it was binding or not binding still, could be considered only after the parties had led evidence. That is still to come.

3. Under the circumstances there is no occasion for interference at this stage. Otherwise too the provision of section 38(3-a) are not applicable to the informant as a matter of right. It is power given to the Tribunal to satisfy itself as to the correctness, illegality or propriety of an order As nothing is discernible that way, I will, therefore, dismiss the application.

Orders accordingly.

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