2016 PLC 201 KARACHI-HIGH-COURT-SINDH

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RIAZ HUSSAN VS VITH CIVIL JUDGE AND JUDICIAL MAGISTRATE, KARACHI Industrial and Commercial Employment (Standing Orders) Ordinance 1968--S.O. 16 , Industrial Relations Act 2012--54 , Termination from service--Term , S.O. 16---Industrial Relations Act (X of 2012), S.54---Termination from service---Status quo order passed by National Industrial Relations Commission-eviction of employees from residential accommodation---Services of petitioners-employees were terminated against which they filed petitions wherein interim relief was granted by National Industrial Relations Commission---Employer-company filed complaint for eviction of employees from the residential accommodation and Magistrate directed that same be vacated within a specified period-Validity---¬Employer who was restrained by a court or other Authority could not have advantage of Standing Order 16 of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968-Injunctive order operating in personam would prohibit and disentitle the employer from resorting to the option available under Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---Recourse to the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, contrary to such interim order would be an unlawful breach thereof---Magistrate should have stayed proceedings in view of existence of an interim order in favour of petitioners-employees¬---Constitutional petitions were disposed of accordingly.