RASHID MAHMOOD vs DAILY NAWA-E-WAQT, ISLAMABAD R — 2024 PLC 249 IMPLEMENTATION-TRIBUNAL-FOR-NEWSPAPER-EMPLOYEE

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RASHID MAHMOOD 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')---Reinstatement sought by the employee in contempt proceedings---Legality---Employee filed (main) petition for recovery of arrears while also praying for restraining order against the Management (Establishment of the Newspaper)---Chairman of the Tribunal 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 as well execution petition in which (petitions), the then Chairman directed the Management to reinstate the employee or to pay his outstanding dues, which would continue to be accumulated till final payment---Said directions were repeated vide yet an order---But the employee had to move present petition, before the Tribunal for implementation of previous (said / two ) orders/directions while the new Chairman had assumed charge---Held, that record revealed that the petitioner, admittedly, filed a petition for the recovery of benefits accrued under the 7th Wage Board Award and his services were terminated meanwhile, however, said termination office letter (by the Management/respondent) was not challenged before any competent forum, and the employee instead of filing a grievance petition, succeeded in obtaining two orders( mentioned in instant petition) from this Tribunal through contempt petition---Chairman at that time 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 Management/respondent---Though, available material showed that certain/partial payment had been paid to the petitioner (owing to an order passed in another case against the respondent) 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 said 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.

RASHID MAHMOOD vs DAILY NAWA-E-WAQT, ISLAMABAD R — 2024 PLC 249 IMPLEMENTATION-TRIBUNAL-FOR-NEWSPAPER-EMPLOYEE

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