Case Details

Citation(s)
2018 SLG 1479 2018 SLD 1479 2018 PLC 171
Sindh High Court
C.P. No. D-3573 of 2014, decision Dated: 13-10-2017. Hearing Date : 19-09-2017.
SYED HASSAN AZHAR RIZVI, JUSTICE, ADNAN-UL-KARIM MEMON, JUSTICE
Muhammad Humanyoon for Petitioner. Ch. Muhammad Ashraf Khan for
Respondent No.1.

MESSRS WYETH PAKISTAN LIMITED THROUGH CONTROLLER TREASURY

VS

NASIMUL HASSAN AND 2 OTHERS

Law:

Section:

Industrial Relations Ordinance (XCI of 2002) --- ----Ss. 46 & 2(xxx)---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i)--- Grievance petition---Termination from service---Workman---Determination of---Procedure---Employee was terminated from service against which grievance petition was accepted and he was reinstated with back benefits---Validity---Duties assigned to the employee were clerical and of manual nature---Labour Court had dilated upon the issues in an elaborate manner by appreciating evidence of the parties---No ground existed for re-evaluation of evidence produced by the parties---No illegality, infirmity or material irregularity had been pointed out in the impugned s passed by the courts below---Constitutional petition was dismissed in circumstances. Qaisar and others v. Muhammad Shafaqat Sharif 2012 SCMR 743; Farast Hussain and others v. Pakistan National Shipping Corporation and others 2005 PLC (C.S.) 890; Muhammad Hanif and others v. Sultan 1994 SCMR 279; ENMAY ZED Publication (Pvt.) v. Sindh Labour Appellate Tribunal and others 2001 SCMR 565 ref. General Manager National Radio Telecommunication Corporation, Harri Pur District Abotabad v. Muhammad Aslam and others 1992 SCMR 2169; National Bank of Pakistan and others v. Anwar Shah and others 2015 SCMR 434 and Dilshad Khan Lodhi v. Allied Bank of Pakistan and others 2008 SCMR 1530 rel. THIS JUDGMENT DELIVERED BY: ADNAN-UL-KARIM MEMON, J.- Through this constitutional petition, the petitioner has assailed the judgment dated 20.5.2014, passed by the learned Sindh Labour Appellate Tribunal, Karachi (Respondent No.2) in cross appeal No.KAR-696/2010 and Appeal No.KAR-697/2010 whereby upheld the decision dated 24.2.2004 of learned Labour Court No. 2, Karachi (Respondent No.3) for re-instatement of the worker Nasimul Hassan (Respondent No.1) with full back benefits and findings of the learned Labour Court No.II, Karachi, with regard to allowing compensation in lieu thereof was set-aside. 2. The facts of the case are that the Petitioner-Company/Messrs Wyeth Pakistan Limited (Petitioner), hired the service of the Respondent No.1 and posted him at its…
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