DECISION ' Heard Mr. M. Salim Khan, learned Advocate for the applicant and Mr. Muhammad Khursheed Ahmed Siddiqui, learned counsel for the respondents.
2. This is a Revision Application under section 38 (3-a) of I.R.O., 1969, invoking the Revisional jurisdiction of this Tribunal and requesting that R & Ps of Complaint No, 32 of 1988 filed in the Court of Sindh Labour Court No, III, Karachi may be called to examine the correctness, legality and priority of the order passed by the learned Presiding Officer on 22-1-1989.
3. It appears that on the grievance application filed by the applicant, the learned Presiding Officer, Sindh Labour Court No, III, Karachi, vide order, dated 17-2-1988, ordered his reinstatement with full back benefits. However, no time was specified in that order during which the said order had to be complied with by the employer. The appeal filed against that order was also dismissed in limine by this Tribunal vide order, dated 20-3-1988 without specifying the time with which the order was to be implemented. As such the order had to be implemented by employer within seven days as provided under subsection (8) of section 25-A of I.R.O., 1969. However, subsection (9) of said section provides as under:- "(9) No person shall be prosecuted under subsection (8) except on a complaint in writing:-
(a) by the workman if the order or decision in his favour is not implemented with the period specified therein, or
(b) by the Labour Court or Tribunal if an order or decision thereof is not complied with."
As pointed out above neither the learned Labour Court nor this Tribunal had specified in the orders the time within which the said order had to be complied with therefore clause (a) of section 9 would not be applicable and the prosecution could not be instituted on the complaint of the workman. The learned Labour Court had wrongly taken cognizance of such complaint and had rightly acquitted the respondent under section 249-A, Cr.P.C. Therefore, I see no illegality or impropriety in the order to call for interference by this Tribunal in exercise of its power under section 38(3-a) of Industrial Relations Ordinance, 1969.
4. The Revision Application is dismissed.