Case Details

Citation(s)
2019 SLG 847 2019 SLD 847 2019 PLC 11
Balochistan High Court
Constitutional Petitions Nos. 154, 155, 156, 207 and 208 of 2012, decision Dated: 23-06-2018. Date of hearing: 13-06-2018.
ABDULLAH BALOCH, JUSTICE NAEEM AKHTAR AFGHAN, JUSTICE
Petitioner(s) by: Mirza Luqman Masood (in Constitutional Petition No.154 of 2012).
Respondent(s) by: Inamullah Kakar (in Constitutional Petition No.154 of 2012).

CHIEF EXECUTIVE OFFICER QESCO AND OTHERS

VS

MUHAMMAD IQBAL AND OTHERS

Law: Balochistan Industrial Relations Act, 2010

Section: 41,55

Balochistan Industrial Relations Act (XIII of 2010)--- ----Ss. 41 & 55---Appointment, cancellation of---Grievance petition---Employers, through advertisement, invited applications for the posts of different categories on the basis of "son quota" of the company's employees---Appointments were made on contract basis for a period of one year---Appointees were to furnish affidavit to the effect that none of his brother/sister was working in the employer company, and in case of incorrect undertaking, their appointments were liable to termination---Appointees having failed to furnish the requisite affidavit, their appointments were cancelled---Labour Court, on grievance petitions, set aside the orders of cancellation of appointments and restored the same---Appellate Tribunal dismissed the appeal of employers---Validity---Held, affidavits of the appointees were very much available, wherein it was mentioned that their brothers were appointed in different period, much prior to the appointment of respondents/appointees purely on the basis of merit instead of "son quota"---Said fact was also nowhere denied by the petitioners/employers---Petitioners/employers had failed to make out a case for interference by the High Court in its constitutional jurisdiction---Courts below, after properly appreciating the evidence available on record, had rightly declared the order of cancellation of appointments as null and void---Constitutional petitions, having no merit were dismissed. THIS JUDGMENT DELIVERED BY: ABDULLAH BALOCH, J.--- Since common question of law is involved in all petitions, as such, through this common judgment the Petitions Nos. 154, 155, 156, 207 and 208 of 2012 are being disposed of, filed by the M/S. QESCO (Quetta Electric Supply Company) through its Chief Executive Officer against the judgment dated 28.12.2011 passed by the learned 1st Labour Court, Quetta and dated 18.02.2012 passed by the learned Labour Appellate Tribunal, Balochistan in C.Ps. Nos. 154, 155, 156, 207 of 2012. While against the judgment dated 08.3.2012 passed by the Member Labour Appellate Tribunal, Balochistan in C.P. No. 208 of 2012, whereby the grievance petitions filed by the respondents…
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