DECISION In this Revision Application the order of status quo or injunction against termination of service by retirement has been called in question. The applicant on the basis of a belated Birth Certificate from his village wants the Retirement Order issued by the K.P.T. To be stayed pending the question of determination of his age by the Labour 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 the service of the employee/applicant. This position of the law was stated as long back as 1973 by Tufail Ali, C.J. And Fakhruddin G. Ebrahim, J. In Brooke Bond Pakistan Limited v. Sind.
Labour Court, Karachi reported in 1973 PLC 111. The procedural powers under C.P.C. Granted to the Labour Court under section 36, I.R.O. Are restricted only to such powers as are required for conducting the proceedings. Powers like enforcing attendance of witnesses, production of documents, issuing commissions etc. The Labour Court cannot stay retirement of a person on the plea that at the the of retirement a doubt has arisen regarding his age of superannuation. This has become a very common practice amongst the illiterate Labour class who dispute the age determined at the the of their appointment by medical certificate etc.
2. The Revision application is, therefore, dismissed in limine for reasons other than those stated by the Labour Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.