Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 25A

Law: Industrial Relations Ordinance, 2002

Section: 2(xxx)

Law: Constitution of Pakistan, 1973

Section: 199

Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 2(h)(i)---Industrial Relations Ordinance (XCI of 2002), S. 2(xxx)---Grievance petition---Maintainability---Accountant---Absence from duty due to ailment---Termination from service---"Workman"---Determination of---Factors---Employee remained hospitalized and he was terminated from service due to absence from duty---Employee produced evidence in grievance petition which was not cross-examined by the Establishment---Establishment led no evidence on its behalf despite opportunities---Grievance petition moved by the employee was allowed and he was awarded compensation to the extent of two years' salary in lieu of his reinstatement in addition to his other legal dues---Contention of Establishment was that petitioner was employed in a managerial and administrative capacity and he was excluded from the definition of "workman"---Validity---Employee had denied the allegations of Establishment and nothing was on record to rebut the contentions of employee---Labour Court had dilated upon the issues in an elaborative manner and recorded findings in affirmative by appreciating the material available on record---No ground existed for re-evaluation of the evidence produced by the employee---High Court in constitutional jurisdiction could not interfere in the concurrent findings of facts recorded by the competent forum as no illegality, infirmity or irregularity had been pointed out in the impugned s---Constitutional petition was dismissed, in circumstances. Granulars (Pvt.) Limited v. Muhammad Afzal and others 2002 PLC 01; Managing Director, Shahi Bottlers (Pvt.) Limited v. The Punjab Labour Appellate Tribunal Lahore and 2 others 1993 SCMR 488; Rana Mukhtar Ahmed v. Punjab Labour Appellate Tribunal and 2 others PLD 1992 SC 118; 1985 SCMR 1511; General Manager, Hotel Intercontinental Lahore and another v. Bashir A. Malik and others PLD 1986 SC 103; 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.…

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