Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969) S.38(8), proviso Applicability of S.38(8), proviso, Industrial Relations Ordinance, 1969 Scope Suspending operation of reinstatement Labour Appellate Tribunal, jurisdiction of Scope Applicability of proviso to S.38(8) of Industrial Relations Ordinance, 1969, is only confined to the orders of Labour Court which relate to the reinstatement of a workman and not to orders of any other nature. (b) Industrial Relations Ordinance (XXIII of 1969) S. 38(8), proviso Suspension of back benefits Labour Appellate Tribunal, jurisdiction of Scope Suspension of back benefits by Labour Appellate Tribunal, is not hit by the proviso to S.38(8) of Industrial Relations Ordinance, 1969. (c) Industrial Relations Ordinance (XXIII of 1969) Ss.25 A & 38(8) Constitution of Pakistan (1973), Art. 199 Constitutional petition Administration of justice Decision of case on technicalities Grievance petition of the petitioner was allowed by Labour Court and he was reinstated in service Labour Appellate Tribunal suspended the order of reinstatement and awarding back benefits to the petitioner Petitioner instead of getting the appeal decided on merits filed Constitutional petition on technical grounds Validity Law favours adjudication of disputes on merits rather than on enforcement of such technicalities observance of which some times may result in giving benefit to a defaulting party To avoid enforcement of such technicalities and to meet ,the ends of justice in appropriate case exercise of jurisdiction under Art. 199 of the Constitution, which is completely discretionary in nature, may be declined High Court declined to interfere with the order passed by the Labour Appellate Tribunal and directed the Tribunal to decide the appeal within two weeks Constitutional petition was disposed off accordingly. 1999 SCMR 1707; PLD 1993 SC 109; 1993 SCMR 126; 2000 SCMR 88; 2000 PLC 235; 1995 PLC 44; 1984 PLC 115; PLD 1975 Kar. 858; 1994 PLC 21; 1986 PLC 588; 1984 PLC 169; Syed Wajih ul-Hassan Zaidi v. Government of Punjab and others 1997 SCMR 1901; Messrs Airport Support Services v. The Airport Manager, Quaid e Azam International Airport, Karachi and…

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