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1999 PLC 411

Messrs PLASTICRAFTERS (PVT.) LTD. through Officer (Personnel & Admn.) vs

Citation1999 PLC 411
CourtLabour Appellate Tribunal
Judge(s)Tanzil-ur-Rehman
ResultRevision dismissed.

' This is a revision application under section 38(3-a) of the Industrial Relations Ordinance, 1969, against the order, dated 2-4-1999, passed by the Sindh Labour Court No,1 at Karachi, which is reproduced as under:-- "EXTRACT FROM ORDER SHEET 2-4-1999.

' Complainant and his Advocate called absent. Syed Saleem Hussain Zaidi, is present for accused No,4. Mr. Mehboob Rizvi Representative is present and filed his Vakalatnama for accused persons.

He also filed application under section 249-A, Cr.P.C. Notice to other side. Mr. Rizvi undertakes that he will bring the accused persons on the next date of hearing. Put off to 19-4-1999.

(Sd.)

P/Officer."

2 Mr. Mehboob Rizvi, Representative of the applicant submits that the matter was compromised between the parties in this Tribunal by order, dated 19-3-1999 in Appeal No,KAR-13 of 1999, whereby it was, inter alia, agreed that the amount of Rs,87,542, as legal dues, will be paid in four equal monthly installments. He, therefore, submits that in view of the said compromise, the complaint under section 25-A(8) of I.R.O., 1969, filed earlier on 8-2-1999 by the respondent in the Sindh lab our Court No,1 at Karachi, on which the impugned order has been passed by the Labour Court, was illegal.

3. On the other hand, Mr. Rafiullah, learned Advocate for the respondent submits that it was also agreed, ..as per terms of compromise, in the aforesaid appeal, that the complaint will be withdrawn by the complainant Zafar Mehmood after having received the entire settled amount. It is, therefore, submitted by him that unless he receives the amount, as settled, in full, he has got every right to pursue his complaint filed under section 25-A(8) of I.R.O. and thus the order, dated 2-4-1999, impugned in this revision, is proper.

4. He, however. offers that if the amount is paid to him today, he will withdraw his complaint today.

5. In any case, after hearing the parties, I am of the view that the order, impugned in this Tribunal, was a routine order for notice on his application under section 249-A, Cr.P.C., and summoning the accused. I find no illegality in the impugned order, passed by the learned Presiding Officer. It was not a final order, as such, the impugned order is maintained and the revision is dismissed in limine.

6. R&P be sent to the lab our Court concerned immediately. The parties are directed to appear before the Labour Court No,1 on 28-4-1999, in compliance of the order, dated 2-4-1999.

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