| Citation(s) |
|---|
| 2017 SLG 1232 2017 SLD 1232 2017 PLJ 462 |
Lahore High Court
W.P. No. 34216 of 2016, decided on 9.2.2017. Date of hearing: 9.2.2017.
SHAHID MUBEEN, J.
Mr. Rafey Zeeshan Javed Altaf, Advocate for Petitioner. Mr. M. A Hamid Awan, Advocate for
Respondent No. 2.
W.P. No. 34216 of 2016, decided on 9.2.2017. Date of hearing: 9.2.2017.
SHAHID MUBEEN, J.
Mr. Rafey Zeeshan Javed Altaf, Advocate for Petitioner. Mr. M. A Hamid Awan, Advocate for
Respondent No. 2.
PACKAGES LIMITED . er
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PUNJAB LABOUR APPELLATE TRIBUNAL, etc. . --Respondents
Law:
Section:
Constitution of Pakistan, 1973 --.-- --.-- Art. 199 --.-- Constitutional petition --.-- Appointed as apprentice --.-- Investigation --.-- Show-cause notice --.-- Dismissed from service --.-- Registration of criminal case --.-- Acquittal --.-- Request to summon record as well chowkidar to verify fact --.-- Production of chowkidar as witness to prove theft of motorcycle was necessary --.-- Failed to do so inspite of request --.-- Validity --.-- Neither any question nor suggestion was put in cross-examination that motorcycle has been stolen by respondent --.-- Inquiry was neither just nor fair and inquiry officer has performed duties of prosecutor as well as of a judge at same time which is against well established principle of law that no judge can be a judge in his own cause, or in a case in which he is personally interested, not because his decision must invariably be in his own favour but on principle that justice must not only be done but seen to be done and however right Judge deciding a cause in his own favour may be, neither public nor aggrieved party will be satisfied with adjudication and its result will be vacated by Court of appeal at instance of dissatisfied party. Honourable Acquittal --.-- --.-- Scope of --.-- It is a well settled principle of law that all acquittals are honourable acquittals. Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 --.-- --.-- S.O. 15 --.-- Dismissal from service --.-- Allegation regarding theft of motor-cycle --.-- Workman could not have been dismissed when his act or omission does not fall within acts or omission listed in Standing Order 15 of Ordinance. Constitutional jurisdiction --.-- --.-- High Court while exercising its constitutional jurisdiction is meant only for correction of jurisdictional error and material irregularities and in absence, thereof, concurrent findings of facts cannot be interfered. [P. 468] E Appeal --.-- --.-- High Court while exercising constitutional jurisdiction cannot sit over s of Labour Court as well as L.A.T. as a Court of appeal. ORDER Through this constitutional petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioner…
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