Nisar Ahmad

BEFORE THE PUNJAB LABOUR COURT, MULTAN.

Nisar Ahmad, Cashier, Employee No. 17058, Muslim Commercial Bank Limited, Regional Office, Vehari. Petitioner VERSUS 1.

ZAFARULLAH KHAN The Regional Manager, Muslim Commercial Bank Limited, Regional Office, Club Road, Vehari (now on leave), C/o Muhammad Khan Cashier, Muslim Commercial Bank Ltd. Mission Chowk, High Street, Sahiwal.

2.

PERVAIZ AHMAD SHEIKH The General Manager, Muslim Commercial Bank Ltd. Mission Chowk, Sahiwal, at present M.C.B. Circle Office, Sargodha.

3.

GHULAM RASOOL KHAN, H.R.D. Now President Muslim Commercial Bank Ltd. Head Office Adamjee House, I.I. Chundrigar Road, Karachi. Respondents

Petition under section 25-A of I.R.O. 1969. APPLICATION FOR CONTEMPT UNDER SECTION 25-A SUB-SECTIONS 8 & 9 OF I.R.O. 1969.

Respectfully Sheweth: 1.

That the aforementioned petition is subjudiced before this Hon’ble Court. The next date of hearing is fixed 12.1.1995.

1-A. That vide order dated 1.11.1999 this Hon’ble Court accepted petitioner’s application and directed to file the amended complaint by impleading the respondents by name. Hence, amended complaint is being filed. 2.

That this Hon’ble Court, on the petition of the petitioner instituted by his counsel under section 25-A of I.R.O. 1969 had issued a stay order on 20.12.1994: “That the petitioner should not be removed from his service in any way. Moreover, his salary and other dues should not be stopped till 12.1.1995.” Photo-copy of this order is annexed as ANNEX “A”.

3.

That on 20.12.1994, the applicant was working in the office of respondent No. 1. The counsel for the petitioner sent the attested copy of this order to the applicant in his office through his brother. The applicant presented the stay order before Mr. Zafarullah Khan Regional Manager, Muslim Commercial bank, Vehari on 20.121994.

4.

That respondent No. 1 came into a rage. He contacted on phone to respondents No’s 2 & 3. The petitioner was on duty on that day. The respondent No. 1 asked the petitioner to continue his work till night. As the 20th December 1994 was one of the banking closing days, the applicant continued his job late at night. The respondent No. 1 called on the petitioner and compelled him to receive letter No. ROV/GEN/1509 dated 20.12.1994 regarding dismissal of the petitioner under harassment and threat for dire consequences and thus committed contempt of the order of this Hon’ble Court. The order of the respondent is annexed as ANNEX “B”. Affidavit to this effect is enclosed herewith.

5.

That the respondent No. 1 in connivance with respondents No’s 2 & 3 have thus got revenge from the applicant by passing the impugned orders, apprehending of which the applicant instituted petition under section 25-A of I.R.O. 1969 before the Punjab Labour Court Lahore and before this

Hon’ble Court and got stay orders and conveyed them to the respondents. 6.

That the respondents have violated stay orders issued by this Hon’ble Court and thus have committed contempt under section 25-A sub-section 8 of I.R.O. 1969. Under these circumstances, it is humbly prayed that the respondents may be punished under section 25A sub-sections 8 & 9. It is further prayed that respondents may be ordered to implement the order of this Hon’ble Court dated 20.12.1994. Any other relief, which this Hon’ble Court may deem fit, may also graciously be awarded. APPLICANT,

Dated: 2.1.1995 . 9.12.2000

Through: Muhammad Amin Malik, Advocate, 38-Muhammadan Block, District Courts, Multan.

BEFORE THE PUNJAB LABOUR COURT, MULTAN.

Nisar Ahmad

Vs.

Zafarullah Khan (M.C.B.) etc.

APPLICATION FOR CONTEMPT UNDER SECTION 25-A SUB-SECTIONS 8 & 9 OF I.R.O. 1969.

AFFIDAVIT of: Nisar Ahmad, Cashier, Employee No. 17058, Muslim Commercial Bank Limited, Regional Office, Vehari.

I, the above named deponent do hereby solemnly affirm and declare as under: 1.

That the aforementioned petition is subjudiced before this Hon’ble Court. The next date of hearing is fixed 12.1.1995.

2.

1-A. That vide order dated 1.11.1999 this Hon’ble Court accepted petitioner’s application and directed to file the amended complaint by impleading the respondents by name. Hence, amended complaint is being filed.

3.

That this Hon’ble Court, on the petition of the petitioner instituted by his counsel under section 25-A of I.R.O. 1969 had issued a stay order on 20.12.1994: -

4.

“That the petitioner should not be removed from his service in any way. Moreover, his salary and other dues should not be stopped till 12.1.1995.”

5.

Photo-copy of this order is annexed as ANNEX “A”.

6.

That on 20.12.1994, the applicant was working in the office of respondent No. 1. The counsel for the petitioner sent the attested copy of this order to the applicant in his office through his brother. The applicant presented the stay order before Mr. Zafarullah Khan Regional Manager, Muslim Commercial bank, Vehari on 20.121994.

7.

That respondent No. 1 came into a rage. He contacted on phone to respondents No’s 2 & 3. The petitioner was on duty on that day. The respondent No. 1 asked the petitioner to continue his work till night. As the 20th December 1994 was one of the banking closing days, the applicant continued his job late at night. The respondent No. 1 called on the petitioner and compelled him to receive letter No. ROV/GEN/1509 dated 20.12.1994 regarding dismissal of the petitioner under harassment and threat for dire consequences and thus committed contempt of the order of this Hon’ble Court. The order of the respondent is annexed as ANNEX “B”. Affidavit to this effect is enclosed herewith.

8.

That the respondent No. 1 in connivance with respondents No’s 2 & 3 have thus got revenge from the applicant by passing the impugned orders, apprehending of which the applicant instituted petition under section 25-A of I.R.O. 1969 before the Punjab Labour Court Lahore and before this Hon’ble Court and got stay orders and conveyed them to the respondents.

9.

That the respondents have violated stay orders issued by this Hon’ble Court and thus have committed contempt under section 25-A sub-section 8 of I.R.O. 1969.

Verification: Verified on oath at Multan, this _____ day of December 2000 that the contents of abovementioned affidavit are true & correct to the best of my knowledge and belief. DEPONENT