| Citation(s) |
|---|
| 2015 SLG 907 2015 SLD 907 |
Lahore High Court
W. P. No. 9374 of 2012. DATE of Order: 17.11.2015.
MUHAMMAD SAJID MEHMOOD SETHI, J.
Mr. Munawar Ahmad Javed, Advocate for petitioner. M/s. Farooq Zaman Qureshi and Athar Farooq, Advocates for respondents.
W. P. No. 9374 of 2012. DATE of Order: 17.11.2015.
MUHAMMAD SAJID MEHMOOD SETHI, J.
Mr. Munawar Ahmad Javed, Advocate for petitioner. M/s. Farooq Zaman Qureshi and Athar Farooq, Advocates for respondents.
Ashraf Hussain
VS
The Punjab Labour , etc.
Law: General Clauses Act, 1897
Section: 24A
Law: Constitution of Pakistan, 1973
Section: 9
Law: Industrial Relations Ordinance (XXIII of 1969)
Section: 25A
JUDGMENT Brief facts, as stated in this writ petition, are that petitioner joined service with respondent No.2 / Muslim Commercial Bank Ltd. w.e.f. 25.01.1973, and worked there continuously till 13.08.2004. Petitioner was issued a letter of charge on 23.12.2003 which was replied by him. The said letter of charge was followed by a letter of inquiry. Thereafter, an inquiry was held and petitioner was dismissed from service vide order dated 12.08.2004. Petitioner moved a grievance petition on 20.11.2004, before learned Punjab Labour Court No.V, Sargodha, against the said dismissal order. Respondents No.2 to 5 submitted written statement. After recording of evidence, learned Labour Court, vide order dated 12.02.2007, allowed the grievance petition moved by the petitioner, and directed his reinstatement into service along with all back benefits. Respondents No.2 to 5 preferred an appeal dated 14.03.2007, before respondent No.1 / the Punjab Labour Appellate Tribunal. During the pendency of the appeal, the petitioner was proceeded on LPR (365-days) w.e.f. 03.01.2011. Finally, the appeal filed by respondents No.2 to 5 was partly allowed by respondent No.1 vide judgment dated 11.04.2011. Through the instant petition, the petitioner has impugned the aforesaid judgment with the following prayer:- "It is therefore respectfully prayed that this Honourable Court may very kindly be pleased to allow this petition with special compensatory costs and while declaring the impugned judgment dated 11.04.2011, to be patently illegal, without jurisdiction, wholly unjust, perverse, without lawful authority and of no legal effect and the same be accordingly set aside, restoring the Order dated 12.02.2007 (Annex A/9) passed by the Learned Punjab Labour Court No.5 at Sargodha, directing reinstatement of the petitioner into service along with all the back benefits. Any other additional relief which may be found just & proper, in the circumstances of the case may also be granted in the interest of justice." 2. Learned counsel for petitioner submits that the letter of dismissal dated 12.08.2004, was totally bereft of explicit reasons as required by law. It was result of non-consideration…
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