Stay Order

Where public authority has yet to make a final decision, grant of stay prohibits it from taking further steps to make a decision

Stay and injunction can have practical effect of preventing some action before legality of that action has been conclusively determined

Stay achieves such result by temporarily suspending source of an authority to act and not by directing actors' conduct

Stay order simply suspends variation or modification of status quo

Stay order issued against a Court order or decision of an executive authority tentatively reflects upon the availability or vesting of jurisdiction i.e. either the jurisdiction is not possessed by the authority or Court which passed the order or the jurisdiction appears to have been illegally and incorrectly assumed and exercised

Very foundation of order assailed in such cases appears to be wobbly and stay order would have effect of stripping relevant authority of jurisdiction/power to proceed any further or giving effect to order assailed (e.g. stay of execution) instantaneously the moment it is passed without there being any consideration of communication

When a stay order divesting a lower authority of jurisdiction to deal with a matter is issued, it makes the order assailed redundant till final adjudication and no valid action can commence on the basis of or in consequence of the stayed order

Act done which have the effect of nullifying a stay order are a nullity because the very authority/jurisdiction to do any such thing is suspended and does not exist operationally.

Just as law would operate from the moment it was enacted and ignorance was no defence, a stay granted by a superior Court would operate from the time, the order was made and ignorance of the order, would not permit a lower Court to render the order of a superior Court ineffective or a nullity

Any or all proceedings taken by the Trial Court after order of High Court staying proceedings before it, were a nullity and totally without jurisdiction.

Just as law operates from the moment it is enacted and its ignorance is no defence, a stay order granted by a superior Court operates from the time the order is made and non-knowledge or ignorance of the order will not permit a lower Court to render the order of a superior Court ineffective or a nullity.

Order passed subsequently during substance of stay order would be coram non judice.

Ad interim order was passed in favour of employee on her application filed under Regln. 32, National Industrial Relations Commission (Practice and Functions) Regulations, 1-973 when employee was on the roll/duty of employer

Employer on the very next day disallowed employee and restrained her from entering the office premises deliberately and intentionally

Such act of employer prima facie had constituted act of contempt of orders of National Industrial Relations Commission as provided under S.22-C of Industrial Relations Ordinance, 1969

Stay order issued in favour of employee, would come into effect the moment it was passed and same was binding on parties

Employer could not be allowed to defy the order.

National Industrial Relations Commission, on application of applicant filed under Regln. 32(2)(c), National Industrial Relations Commission (Procedure and Functions) Regulations, 1973, issued stay order restraining respondent-employer from taking any adverse action against applicants on- basis of charge-sheet issued against them and applicant had sought confirmation of said stay/interim order

Labour Appellate Tribunal in conciliation proceedings pending between the parties, had already stayed proceedings against applicants

Applicants who were office-bearers and members of union, had already been Founds entitled to protection under S.47, Industrial Relations Ordinance, 1969 whereby services of applicants could not be dispensed with without permission of Conciliator or Labour Court

Double protection being not called for, application filed under Relgn. 32(2)(c), National Industrial Relations Commission (Procedure and Functions) Regulations, 1973 was dismissed and interim order granted to applicants under said Regulations was recalled directing parties to adduce their evidence in the main case.

Such order, unlike injunction operates from the moment it is passed irrespective of the time of its communication.

Art. 199-Writ-Stay order-Dispute over immovable property High Court, while admitting writ petition to regular hearing, granting order of stay-Respondent making application for vacation of stay order on ground that possession had already been obtained by him when interim order of status quo was passed by High Court-Petitioner not, denying such delivery of possession-Order of High Court recalling interim order of stay-Held: eminently proper and appropriate.

Art. 199-Writ petition-Stay order-High Court staying proceedings for resumption of petitioner's land subject to condition of furnishing security by petitioner for payment of mesne profits of land sought to be resumed-Petitioners, however, instead of furnishing security filing an affidavit containing some undertaking-High. Court's order quite unambiguous and passed in petitioner's presence-High Court, held, justified in vacating stay order in circumstances and whether such non-compliance be condoned or not a matter within discretion of High Court.