1976 PLP 482 (PLC)
ELAHI BAKHSH LAGARI Versus PUNJAB ROAD TRANSPORT BOARD, LAHORE
| Citation | 1976 PLP 482 (PLC) |
| Forum / Court | 2nd Labour Court Punjab |
| Bench Members | Muhammad Rafiq Tarar, Presiding Officer |
| Parties | ELAHI BAKHSH LAGARI Versus PUNJAB ROAD TRANSPORT BOARD, LAHORE |
Q1: What are the key laws and sections cited in 1976 PLP 482 (PLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1976 PLP 482 (PLC)?
The case was heard and decided by the 2nd Labour Court Punjab bench comprising: Muhammad Rafiq Tarar, Presiding Officer.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1976 PLP 482 (PLC) (ELAHI BAKHSH LAGARI Versus PUNJAB ROAD TRANSPORT BOARD, LAHORE). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
Industrial Relations Ordinance (XXIII of 1969) -- S. 47 read with Civil Procedure Code (V of 1908), O. XXXIX, r. 2 Termination of service-Stay against-Road Transport workers case Notice of termination issued under Road Transport Corporation (Removal of Undesirable Employees) Ordinance, 1965 during pendency of industrial dispute before Court-Petitioner, held, had a fair question to raise in support of his legal right notwithstanding arguments, that Road Transport Corporation (Removal of Undesirable Employees) Ordinance, 1965 being a specific law overrides provisions of Industrial Relations Ordinance, 1969-Stay order, in circumstances, granted against termination of service without permission of Court till final adjudication of industrial dispute
Judgment & Decree
Application No. 163 of 1973, decided on 4th August 1973. Industrial Relations Ordinance (XXIII of 1969) -- S. 47 read with Civil Procedure Code (V of 1908), O. XXXIX, r. 2 Termination of service-Stay against-Road Transport workers case Notice of termination issued under Road Transport Corporation (Removal of Undesirable Employees) Ordinance, 1965 during pendency of industrial dispute before Court-Petitioner, held, had a fair question to raise in support of his legal right notwithstanding arguments, that Road Transport Corporation (Removal of Undesirable Employees) Ordinance, 1965 being a specific law overrides provisions of Industrial Relations Ordinance, 1969-Stay order, in circumstances, granted against termination of service without permission of Court till final adjudication of industrial dispute Ellahi Bakhsh petitioner has moved this application under Order XXXIX, rule 2 read with section 151 of the C. P. C. with the prayer that an order restraining the respondent from terminating his services till the final adjudication of Industrial Dispute No. 14/73 and industrial dispute arising out of strike notice dated 2-4-73 (Industrial Dispute No. 23/73) be issued. Arguments heard. Industrial Dispute No. 14/73 has already been withdrawn. In Industrial Dispute No. 23/73, arising out of strike notice dated 2-4-1973, one of the demands (demand No. 1) for adjudication is that the notice issued to the workmen under R. T. C (removal of Undesirable Employees) Ordinance. 1965 be ordered to be withdrawn. The learned representative of the respondent contended that the said Ordinance being a special law overrides the provision of I.R.O., 1969. The learned representative for the petitioner argued that a workman has a guarantee right under section 47 of the I. R. O. that the conditions of service applicable to him before the commencement of an industrial dispute shall not be altered to his dis-advantage during the pendency of the industrial dispute nor shall he be dismissed from service except with the permission of the Labour Court. He argued that the RTC (Removal of Undesirable Employees) Ordinance, 1965 is a Provincial Statute and the I. R. O., 1969 is a Central Statute, therefore, the provision of the I. R. O. 1969 shall prevail. I feel that the petitioner has a fair question to raise and has shown a prima facie case in support; of the legal right asserted by him. In view of the above stay order to the effect that the services of the petitioner shall not be terminated without the permission of the Labour Court is granted till the final adjudication of Industrial Dispute No. 23/73.