538/2020 Suit Pakistan Airline Pilots (Plaintiff) V/S Federation of Pakistan & another (Defendant)

Sindh High Court2020

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Junaid Ghaffar(Author)

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538/2020 Suit Pakistan Airline Pilots (Plaintiff) V/S Federation of Pakistan & another (Defendant) Sindh High Court Bench: Hon'ble Chief Justice Mr. Justice Muhammad Junaid Ghaffar(Author) Order Date: 29-JUL-20 The issue involved was that whether the Notification dated 28.4.2020 under the Pakistan Essential Services (Maintenance) Act, 1952 has been validly issued and applied on the employees of PIA and whether the Notice dated 30.04.2020 terminating the Working Agreement has been issued validly and whether the proceedings in the Suit should be stayed under Section 34 of the Arbitration Act as there is an arbitration clause. The injunction application has been dismissed; and application under Section 34 has been allowed by staying the proceedings of Suit, as provisions of Section 41 of the Arbitration Act cannot be invoked by a Plaintiff for an interim relief who has filed a Suit for Declaration instead of invoking the provision of the Arbitration Act, and further that the notification for placing the employment of PIA under Essential Services has been validly issued.
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