Case Details

Citation(s)
2021 SLG 2783 2021 SLD 2783 2021 PLC 203
Sindh High Court
Constitution Petition No.D-455 of 2013, decided on 16th September, 2020, Date of hearing: 16th September, 2020.
ABDUL MAALIK GADDI, JUSTICE, ADNAN-UL-KARIM MEMON, JUSTICE
Muhammad Arshad S. Pathan for Petitioner. Ms. Nasim Abbasi for
Respondent No.1.

HYDERABAD ELECTRIC SUPPLY COMPANY, THROUGH CHIEF EXECUTIVE OFFICER

VS

QURBAN ALI SAHITO AND OTHERS

Law: Industrial Relations Ordinance, 2002

Section: 46

Law: Constitution of Pakistan, 1973

Section: 199

(a) Industrial Relations Ordinance (XCI of 2002)--- ----S.46---Individual grievance---Scope was terminated from service on the ground that as he was appointed on “deceased quota” of his brother but he had failed to support widow and children of the deceased---Labour Court reinstated the services of the respondent (employee) whereas Labour Appellate Tribunal dismissed the appeal of the petitioner (employer)---Validity was a permanent employee of the petitioner-Company---No material was placed before the court by which it could conclude that the impugned orders were erroneously passed, therefore, no ground existed for re-evaluation of evidence---Concurrent findings arrived at by the courts below could not be lightly interfered with unless some question of law or erroneous appreciation of evidence was brought on record---Labour Appellate Tribunal had dilated upon the issues in an elaborate manner and had given its findings by appreciating the evidence of the parties---Constitutional petition was dismissed, in circumstances. Dilshad Khan Lodhi v. Allied Bank of Pakistan and others 2008 SCMR 1530 and General Manager National Radio Telecommunication Corporation Haripur, District Abotabad v. Muhammad Aslam and others 1992 SCMR 2169 ref. (b) Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction---Concurrent findings---Scope---High Court in its constitutional jurisdiction cannot interfere in the concurrent findings recorded by the two forums below. ORDER ADNAN-UL-KARIM MEMON, JUSTICE:---.--- Through the captioned Constitutional Petition, the Petitioner-company has impugned the orders dated 30.1.2013 passed by learned Sindh Labour Appellate Tribunal (SLAT) in Labour Appeal No. HYD-35/2011, whereby while maintaining the order dated 23.02.2009 passed by learned Sindh Labour Court No.VI (SLC) Hyderabad, reinstated the services of Private Respondent. 2. Brief facts of the case are that respondent No.1 was appointed in petitioner-company in the year 2003 and he continued his service till his termination on 31.10.2006. The prime allegations against him were that he was appointed on deceased quota of his deceased brother Rehmatullah Sahito, but he failed to…
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