Law: General Clauses Act, 1897

Section: 6,24

JUDGMENT MUHAMMAD SAJID MEHMOOD SETHI, J.- This single judgment shall dispose of instant writ petition alongwith following connected writ petition, as common questions of law and facts are involved in these petitions: W. P. No.6148 of 2015 titled Sui Northern Gas Pipelines Limited. v. Member, Punjab Labour Appellate Tribunal, etc. 2. Brief facts of the case are that petitioner was working as Pipe Fitter in Sui Northern Gas Pipelines Limited ("SNGPL"). He was served with two charge sheets dated 12.06.1999 and 27.09.1999. First charge sheet was based on the allegation of absence from duty w.e.f. 19.05.1999 and in second charge sheet it was alleged that petitioner visited the Regional Office in drunken condition and used abusive language against one Arif Mehmood and damaged his car. Ultimately, petitioner was dismissed from service in February, 2000. Petitioner filed appeal before Federal Service Tribunal, which was accepted vide judgment dated 06.07.2005 and impugned order of petitioner's dismissal was set-aside and matter was remanded to the competent authority for decision afresh. Thereafter, matter was revisited and penalty of down gradation from Grade-VI to Grade-V w.e.f. 22.02.2000 was imposed upon the petitioner, vide order dated 09.03.2006. Feeling aggrieved, said order was assailed in departmental appeal, but said order was upheld in appeal and petitioner was compelled to file appeal before Federal Service Tribunal but, in view of judgment of Hon'ble Supreme Court of Pakistan in Muhammad Mubeen-us-Salam and others v. Federation of Pakistan through Secretary, Ministry of Defence and others (PLD 2006 Supreme Court 602), learned Tribunal abated the petitioner's appeal. However, keeping in view the provisions of Section 46 of Industrial Relations Ordinance, 2002 ("IRO, 2002"), the petitioner also served a grievance notice to respondents as a matter of pre-caution and filed grievance petition before learned Punjab Labour Court No. I, Lahore ("Labour Court"), which was decided in favour of petitioner vide judgment dated 28.06.2011, whereby petitioner was reinstated in service with all back benefits. SNGPL assailed said judgment before learned Punjab Labour…

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