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ABID HUSSAIN JADOON vs DAILY NAWA-E-WAQT, ISLAMABAD R — 2024 PLC 179 IMPLEMENTATION-TRIBUNAL-FOR-NEWSPAPER-EMPLOYEE

Case information

Citation
2024 PLC 179 IMPLEMENTATION-TRIBUNAL-FOR-NEWSPAPER-EMPLOYEE
Year
2024
Reporter
PLC
Parties
ABID HUSSAIN JADOON vs DAILY NAWA-E-WAQT, ISLAMABAD R
Provisions referred to
S. 13---C

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ABID HUSSAIN JADOON VS DAILY NAWA-E-WAQT, ISLAMABAD R. 17---Newspaper Employees (Conditions of Service) Act (LVIII of 1973), S. 13---Contempt proceedings before the Implementation Tribunal for Newspaper Employees ('the Tribunal')---Court and the contemnor---Re-instatement sought by the employee before the Tribunal---Scope---Employee, primarily, filed a petition for recovery of arrears while also praying for restraining order against the Management (Establishment of the Newspaper)---The then Chairman directed the Management not to pass adverse order qua service / employment of the petitioner, however service of the employee was terminated and the employee moved contempt petition a well execution petition in which (petitions), the then Chairman directed the Management to reinstate him or to pay outstanding dues, which would continue to be accumulated till final payment---However, said directions were repeated vide yet another order and the employee moved present petition, for implementation of previous (said / two ) orders/directions before the Tribunal while new Chairman had assumed charge---Held, that the record revealed that the petitioner / (ex-) employee field a petition for the recovery of benefits accrued under the 7th Wage Board Award and his services were terminated meanwhile, however admittedly, said termination office letter (by the Management/respondent) was not challenged before any competent forum, and he (instead of filing a grievance petition) succeeded in obtaining two favourable orders from the Tribunal through contempt petition), for never being implemented by the Management---Then Chairman passed the orders in the main case, and subsequently the petitioner/employee filed execution petition for recovery of decretal amount, which remained pending due to non-payment by the respondent / Management---Though, available material showed that certain / partial payment had been made to the petitioner (owing to an order passed in another case, not related to present petitioner), yet the Tribunal viewed that contempt petition filed by the petitioner was neither maintainable nor proceedable---Matter of contempt of Court is always between the Court and the contemnor and if it is proved that order of the Court has been violated, then the contemnor has to face the consequence, but no Court could reinstate the petitioner in contempt proceedings---Thus the previous orders (implementation of which was sought in instant petition) were not validly issued by the Tribunal---Present petition filed by the employee was dismissed, in circumstances.

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