DECISION ' The respondents were promoted from conductors BPS-3 to the posts of Traffic Assistants BPS-5 on 28-4-1991. Due to deterioration in fleet of buses reorganization was effected resulting in the retrenchment in the Cadre of Traffic Assistants for want of vacancies. The respondents were therefore reverted as conductors. They filed their grievance petitions before the 1st Sindh Labour Court, Karachi. The learned Labour Court pending the proceedings passed Interim Injunction Orders restraining the K.T.C. From implementing the orders of reversion until decision of the grievance petition. The K.T.C. Has accordingly filed these seven Revision Applications against passing of the orders of ad interim Injunction.
2. Under section 36(2) of the I.R.O. It is provided that the Labour Court shall for the purpose of adjudicating and determining any industrial dispute be deemed to be a Civil Court and shall have the same powers as are vested in such Court under the Code of Civil Procedure, 1908, including the powers of:--
(a) enforcing attendance of person;
(b) compelling production of documents;
(c) issuing commission for examination of witnesses.
3. The question arises whether the Labour, Court can exercise all the powers of the Civil Court under this section. The powers provided under section 36 as the illustrations show, are procedural powers for summoning witnesses or documents and issuing commission. Although this list is not exhaustive, other similar powers will be of the same kind on the principles of interpretation of Statute, "ejusdem generis." In 1973 PLC 111 Brooke Bond Pakistan Limited v. Second Sindh Labour Court, Karachi, it has been held by Tufail Ali A. Rehman, C.J. And Fakhruddin G. Ebrahim, J. That section 36(2) does not confer on Labour Court all powers of a Civil Court. The Labour Court has no authority to pass order in the nature of Interim Injunction under Order 39, Rule 1, C.P.C. Restraining the employer from terminating services of employees. That the powers under section 36(2) are conferred on the Labour Court for adjudicating or determining an industrial dispute. These'are only procedural powers and it is clearly not necessary in order to be able to adjudicate or determine a dispute, that pending the adjudication or determination a party be restrained from giving effect to the kind of the order of which complaint has been made to the Labour Court. It was accordingly held that the Labour Court had no authority to pass such orders which were neither necessary nor desirable for determining the dispute, The orders accordingly are held to be without lawful authority and of no legal effect.
4. In this case also the learned Labour Court had no jurisdiction to restrain the K.T.C. From implementing the orders of reversion, pending the main dispute and these powers are not available to the Labour Court under section 36(2) of the I.R.O. I therefore allow these Revision Applications and direct that the order of the 1st Sindh Labour Court dated 17th. September, 1995 is without lawful authority and need not be enforced. The Revision Applications are accordingly allowed.
Revision .