DECISION ' This Revision Application under section 38(3-a) of I.R.O., 1969 has been filed by Ghulam Yahya, an ex-Chowkidar of Jamal Noor Hospital against an interlocutory order of Labour Court No, V, Karachi dismissing an application for grant of stay of termination pending the petition.
2. Briefly the facts of the main petition are that the Applicant was a Chowkidar in the establishment of Jamal Noor Hospital. His services were terminated. He accordingly filed a grievance petition for reinstatement before The Fifth Sindh Labour Court, Karachi. It was alleged in the petition that the termination was illegal in violation of Order 12(3) of the Standing Orders Ordinance.
3. Pending the above petition an application was filed for stay of termination orders challenged before the Labour Court. The Labour Court dismissed the application for stay pending the petition on the ground that there was no prima facie case since the respondent establishment was a charitable Hospital and "under Industrial Relations Ordinance (1)(3)(f) the I.R.O. Shall not apply to any person employed by an establishment maintained for the treatment of care of sick, infirm, destitute or mentally unfit persons." The learned Lower Court also found that the Chowkidar of a Hospital was outside the purview of the West Pakistan Industrial and Commercial Employment (Standii g Orders) Ordinance, 1968 since a Hospital is not Industrial or Commercial Establishment within the meaning of the Standing Orders.
4. Thus when even the maintainability of the main petition is in issue and no prima facie case has been found out the prayer for stay of reinstatement under section 36(2) of the I.R.O. Had been rightly rejected apart from the question of maintainability of stay application before the trial Court under Order XXXIX, Rules 1 and 2 .
5. The order of the Trial Court is accordingly maintained and this Revision Application is dismissed in limine.