DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, SUKKUR Versus MUHAMMAD SHAMSHAD

DECISION

It appears that the respondent had filed complaint under section 25-A(8) of IRO. 1969 against the applicant for allegedly disobeying the orders of the learned Labour Court. It further appears that learned Labour Court issued notice to the applicant. However the order of the learned Labour Court, which has been produced and impugned in this Revision Application shows that the Court has yet not taken the cognizance of complaint. Admittedly the statement of complainant /respondent under section 200, Cr.P.C. has not been recorded and the order under section 202, Cr.P.C. has not been passed. As such this notice appears to have been issued by the learned Labour Court to give opportunity to the applicant to put up his case if he so desired but it is not obligatory for the applicant to appear before the Court on this notice. As the learned Labour Court has not yet taken cognizance in the sense, that the summons or warrant for appearance to face the charges have .not been issued against the applicant and the case has not been formally brought on the record. This Revision Application would in the circumstances be premature and is dismissed as such.

2. The applicant would be at liberty to file fresh application if he so desires if the learned Labour Court decides to bring the case on record and issues the formal summons or warrants against the applicant. The learned Labour Court to proceed with the complaint in accordance with the law, unprejudiced by its previous order.

H.B.T./1955/Lb. S Application dismissed.