Law: Constitution of Pakistan, 1973

Section: 199

Khyber Pakhtunkhwa Industrial Relations Act (XVI of 2010)-----S. 66(2)---Constitution of Pakistan, Art.199---Constitutional petition---Statement made by Counsel without written or verbal instruction of the party---Effect---Petition filed by employee was dismissed by Labour Court---Labour Appellate Tribunal accepted revision petition of employee---Validity---Concession/statement made by the Counsel without instruction from the party either verbal or in writing could not extinguish the rights of party---Courts are not supposed to act on the concession/statement made by the Counsel but with reference to the applicable provisions of law and facts available before it---Concession made without instruction of the party was of no consequence and the same could not be inured to the benefits of the other party---Constitutional petition was dismissed. THIS ORDER PASSED BY: MUSARRAT HILALI, JUSTICE------- This judgment shall also decide Writ Petitions Nos.2210, 2211, 2212, 2213 and 2214 of 2013 as common question of law and fact is involved in all these petitions. 2. Impugned herein is the judgment dated 13-5-2013 recorded by learned Labour Appellate Tribunal, Peshawar whereby revision petition of respondent No.1 against the judgment dated 15-3-2012 passed by learned Labour Court, Peshawar has been accepted. 3. Background of the controversy is that about 51 employees of petitioners/bank filed grievance petitions before the Labour Court for their regularization in service, which were accepted and they were held entitled to regularization of their service in the Bank with back benefits from the date of institution of the grievance petitions. The respondent No.1 in all these petitions challenged the said judgments of the Labour Court before the Labour Appellate Tribunal by way of filing appeals, wherein, they sought back benefits from the date of their initial appointments instead from the date of institution of grievance petitions whereas the petitioners/bank also filed separate appeals against the said judgments. During pendency of the appeals, a development took place and out of 51 employees, forty-five employees opted to settle the dispute with the petitioners/bank for…

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