Law: Constitution of Pakistan, 1973

Section: 199

Balochistan Industrial Relations Act (X of 2012)--- ----S.41---Constitution of Pakistan, Art. 199--- Constitutional petition--- Termination / compulsory retirement from service--- Workman/respondent was terminated from service by employer/petitioner on the charge of absence from duty--- Labour Court dismissed grievance petition filed by workman/respondent but modified termination into compulsory retirement from service--- Validity--- Termination from service and compulsory retirement from service both were lower and higher level of major penalties, recorded in view of given circumstances of each case--- Ill-disciplined act of workman/respondent of continuous absence from duty stood proved but element of his being habitual in absenting from duty was lacking--- Such was not a case of habitual absence and penalty of termination from service was harsh, as it amounted to expelling penniless on road and not recognizing his long length of service i.e. 19 years entitling him to have beneficiary emoluments of such past service performed within the ambit of laid down service policy of employer/petitioner--- Matter only pertained to continuous absence from duty which too was not for a period very long--- High Court declined to interfere in the matter as Labour Court had rightly modified the termination into compulsory retirement---Constitutional petition was dismissed, in circumstances. Muslim Commercial Bank Ltd v. Ghulam Muhammad Memon 2008 PLC 40 rel. JUDGMENT ROZI KHAN BARRECH, J.---- This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 has been filed against the judgment dated 09.03.2012 passed by learned Member Labour Appellate Tribunal Balochistan, Quetta, in Labour Appeal No.26 of 2011 whereby the appeal filed by the respondent No.1 against the judgment dated 15.07.2011 passed by learned District and Sessions Judge/First Labour Court Balochistan, Quetta, was modified termination order dated 21.06.2007 of the respondent No.1 as to compulsory retirement. 2. Facts of the case are that the appellant/respondent No.1 was serving at petitioners bank as a Cashier. On 24.08.2006 he was transferred to Sohbat Pur from Quetta branch, but…

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