Law: Industrial Relations Ordinance, 2002

Section: 46

Law: General Clauses Act, 1897

Section: 6

Law: Industrial Relations Act, 2008

Section: 87

Law: Constitution of Pakistan, 1973

Section: 10A,185(3)

Constitution of Pakistan, 1973-- ----Art. 10--Fair trial--Principle of natural justice--Principles and procedures of due process of law and fair trial had not been followed, which are against principle of natural justice. Industrial Relations Ordinance, 2002-- ----S. 46--Constitution of Pakistan, 1973, Art. 185(3)--Dismissal from service--Embezzlement misappropriation--Penalty of stoppage of increments--Reinstated in service with back benefit--Denial of back benefits--Validity--Respondent had not been afforded proper opportunity to cross-examine witnesses as such respondent had been deprived of due process of fair trial which being against principle of natural justice--Supreme Court was not inclined to interfere in well reasoned concurrent s of all Courts below while exercising jurisdiction under Art. 185(3) of Constitution--Petition is dismissed. General Clauses Act, 1897 (X of 1897)-- ----S. 6--Industrial Relations Ordinance, 2002, S. 46--Industrial Relation Ordinance, 2008, S. 87(3)--Scope of--Repeal--Effect of--Section 6 of General Clauses Act, 1897, operates in such a manner that it allows for effect of an enactment repealed by any Central Act to continue even after such repeal--Mandate contained in Section 6 of General Clauses Act, does not call for revival of a repealed law but rather imputes finality to actions already undertaken. JUDGMENT IQBAL HAMEEDUR RAHMAN, J.---The petitioner, through this petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, seeks leave to appeal against the order dated 26.05.2015 passed by the Division Bench of the High Court of Sindh, Karachi, in C. P. No. D-1306/2012, whereby it upheld the judgments of the fora below and dismissed the constitutional petition filed by the petitioner. 2. The concise facts giving rise to the instant petition are that respondent No. 1 (hereinafter to be referred as "the respondent") was performing his duties as Cashier at the petitioner's branch at Rohri when a complaint against him was received that he has failed to credit on the same day an amount of Rs.187,434/- on 28.05.2003. After a probe, charge sheet was issued to him on 12.06.2003 and after inquiry he was…

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