GHULAM NABI LODHI Versus MANAGING DIRECTOR, PFIZER LABORATORIES LTD.

This is an appeal against the order dated 10‑1‑1987 passed by the learned residing Officer, Punjab Labour Court No. 2, Lahore, where by the complaint hr ought by the appellant under section 25‑A(8) of the Industrial Relations Ordinance, 1969 for the non‑implementation of the order of the Labour Court. has been dismissed for the reason that the complaint could be brought by the Court and not by the appellant.

2. It has been argued by the learned counsel for the appellant that time was fixed within which the order was to be implemented, therefore, according to subsection (8) of Section 25‑A, complaint could be brought by the appellant. The decision for the non‑implementation of which the complaint was brought, is silent on the point. No period was fixed. While deciding the appeal this Tribunal also did not fix any period within which the order was to be implemented. According to clause (a) of subsection (9), a workman can bring the complaint himself if the decision is not implemented within the period specified therein. The word `therein' aims at the decision and not subsection (8). The cases where no period is fixed, come under the general clause (b) of subsection (9), according to which, the Court, which decided the case, can bring the complaint. The learned counsel for the appellant has cited 1987 S C M R 13 but the same is not germane to the case in hand. The ruling arose from the judgment of the High Court whereby the ‑incused had been acquitted for (sic). The Supreme Court accepted the appeal and setting aside the order of acquittal awarded punishment of imprisonment for 111e, and fine. No such question as is involved in the present case was before the Supreme Court. The impugned order therefore is correct and proper ana does not require any interference.

3. The appeal, therefore, is dismissed in limine.

A.E./288/Lb. P.

Appeal dismissed.