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Nisar Ahmad

- Nisar Ahmad, a cashier at a bank, filed a petition with the Punjab Labour Court against his employer regarding his dismissal. - The court issued a stay order on December 20th, 1994 preventing the petitioner's removal or stopping of salary until January 12th, 1995. - Despite being given the court order, the regional manager of the bank dismissed the petitioner that same day, December 20th, 1994, in contempt of the court's order. - The petitioner is now filing for contempt charges against the regional manager and other bank executives for violating the court's stay order.

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140 views6 pages

Nisar Ahmad

- Nisar Ahmad, a cashier at a bank, filed a petition with the Punjab Labour Court against his employer regarding his dismissal. - The court issued a stay order on December 20th, 1994 preventing the petitioner's removal or stopping of salary until January 12th, 1995. - Despite being given the court order, the regional manager of the bank dismissed the petitioner that same day, December 20th, 1994, in contempt of the court's order. - The petitioner is now filing for contempt charges against the regional manager and other bank executives for violating the court's stay order.

Uploaded by

api-3745637
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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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 25-
A 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 above-
mentioned affidavit are true & correct to the best
of my knowledge and belief.

DEPONENT

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