Law: Industrial Relations Ordinance, 2002

Section: 46

Law: Constitution of Pakistan, 1973

Section: 199

(a) Industrial Relations Ordinance (XCI of 2002)--- ----S. 46---Constitution of Pakistan, Art. 199---Constitutional petition---Grievance petition Labour Court---Powers of---Scope---Employee of a company---Charge of misconduct---Dismissal from service---Employee was dismissed from service after conducting regular inquiry against which grievance petition was moved which was accepted---Validity---Labour Court had powers to go into the facts of the case and pass order as might be proper and just---Labour Court could examine the material to determine as to whether punishment awarded to the workman was sustainable or not---Inquiry proceedings and facts had been exhaustively attended by the forums below---None of the allegations against the employee was proved in the inquiry---Conduct of employee was not riotous or disorderly and he did not commit misconduct but he being General Secretary CBA had only presented the demands and problems of workers before the management---Employee produced reliable evidence in his defence in the inquiry but inquiry officer had failed to discuss the same---Manager of employer company and inquiry officer was the same---High Court, in circumstances, could interfere in the concurrent findings while exercising constitutional jurisdiction when some illegality was on record having nexus with the relevant material---Constitutional petition was dismissed in circumstances. 1995 SCMR 1758; 1992 PLC 1109; 1995 PLC 436 and 1984 PLC 253 ref. Abdul Rashid Malik and others v. General Manager, Pakistan Railways and others 1992 PLC 1116 rel. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Concurrent findings on facts recorded by the Courts below could not be disturbed unless same were based on no evidence or outcome of some consideration extraneous to the pleadings of the parties. THIS JUDGMENT PASSED BY: MUHAMMAD IQBAL KALHORO, JUSTICE:---.--- This petition has been filed against the order dated 04.10.2012 passed by learned Sindh Labour Appellate Tribunal at Karachi in Appeal No. KAR-1638/2010 maintaining the dated 05.10.2009 passed by learned Labour Court Karachi, whereby application under Section 46…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492