1981 PLP 890 (PLC(CS))

Jannat Textile Mills v. Sinn Labour Appellate Tribunal N L R 1980 Kar. 40 rel. Sher Afghan for Applicants. Date of hearing : 16th February, 1981. This purports to be information inviting the Tribunal to exercise its suo motu powers of revision in respect of an order passed by the learned Vth Labour Court against the Karachi Club, the informants herein direct ing it to pay full back benefits and legal duet to its workman, Muhammad Farooq Khan, till the date of the termination of his services by the Karachi Club‑on 30th November, 1978. This order was passed on an application made by workman Muhammad Farooq Khan under sec tion 51, I. R. O., for the recovery of a sum of Rs. 32,298.50, being the amount of his legal dues including cost of living allowance, conveyance allowance, house rent and various bonuses. The Karachi Club had sought to resist the claim of workman Muhammad Farooq Khan on the ground that he had been dismissed from service on 1st September, 1980. This dismissal order is said to have been based on the result of fresh 3omestic enquiry held in June, 1979 pursuant to the orders of the learned Vth Labour Court on 20th April, 1978. By this order, which was made on the grievance petition of workman Muhammad Farooq Khan, the learned Labour Court, while directing the re‑instatement in service of the workman, gave an option to the Karachi Club to hold a fresh enquiry against him and the payment of back benefits to him was made depen dent upon the result of such fresh enquiry.

2. This so‑called information is admittedly by the Karachi Club, which was a party to the protracted proceedings against the workman, Muhammad Farooq Khan and was also a party to the impugned order which is sought to be challenged by these proceedings. It has been held by a Division Bench of the Karachi High Court in the case of Jannat Textile Mills v. Sind Labour Appellate Tribunal. (N L R 1980 Kar. 40) that the exercise of suo motu revisional powers by this Tribunal under subsection 3(a) of sec tion 38, I. R. O., is not permissible on an application by a party.

3. I am also of the view that the impugned decision of the learned Labour Court does not appear to suffer from any infirmity, illegality or incorrectness which warrants interference by this Tribunal in the exercise of its suo motu powers of revision. It is an admitted position that the services of the workman Muhammad Farooq Khan, were terminated by the Karachi Club on 20th October, 1978. The bond of employment between the parties having been surrendered by the Karachi Club, no relationship of employer and employee existed between them and the Karachi Club thereafter was not competent either to take disciplinary proceeding against the workman or to dismiss him from service. Its actions in this behalf are clearly illegal. Since it was not competent to dismiss the workman after terminating his services on 30th October, 1978 it was required to pay back benefits to the workman in compliance with the original order of the learned Vth Labour Court passed on 20th April, 1978 which order admittedly was not disturbed, as the appeal filed against it was withdrawn. The said order had, therefore, to be complied with and the impugned order appears to be in conformity with the said orders.

4. For the reasons discussed by me above, I find myself unable to initiate any proceedings in the exercise of suo motu revisional powers of this Tribunal in respect of the impugned order of the learned Labour Court, dated 7th January, 1980. Appeal dismissed.