Law:

Section:

Keywords: Provisions, Costs, Notice, Adequate Remedy, Labour Court, Set Aside, Adequate, Examination, Petition, Guilty, Enquiry Officer, Permission, Merits Of The Case, Bona Fide, Theft, Constitution Of Pakistan, Devoid Of Force, Orders, Grounds, Order, Appellate Tribunal, Trade Union, Jurisdiction, Evidence, Refusal, Division, Appellate Tribunal, Jurisdictional Defect, Petitioner, Constitution, Remedy, Charge-Sheet, Grievance, Management, Question Of Fact, Writ Jurisdiction, Natural Justice, Change Result: Petition dismissed JUDGMENT The present petition under Article 199 of the Constitution arises out of the following facts :- The petitioner was employed as assistant machine-man with the res pondent organisation in July 1970. In April 1972, he was promoted as machine man. However, on 5-1-1973, he was charge-sheeted for the first the on charges of disobedience and absence without have. An inquiry was held and be was found guilty. As a result, be was demoted as assistant machine-man. This order was challenged by the petitioner before the Junior Labour court, who, by its order dated 24.9-1973, upheld the action taken by the respondent organisation. However, in the meantime, on 24-5-1973 another charge-sheet. For disobedience and misbehaviour was served upon the petitioner. He was served with another charge-sheet on the next day on almost identical charges. In reply the petitioner denied the charges and claimed that he had been ordered by his supervisor to do a second job and while he was still busy on one job, an inquiry was conducted. He requested for the change of Inquiry Officer. Previously one Mr. Fazle Rab was appointed as Inquiry Officer and on this request he was replaced by one Mr. M. Idris. As a result of the inquiry the petitioner was found guilty and, he was dismissed from service. The petitioner challenged the dismissal before the Junior Labour Court, after serving grievance notice upon the respondent employer. Junior Labour Court found that he was being victimised for his trade Union activities, and, therefore, set aside the dismissal order. This award of the Junior Labour Court was challenged before the Labour Court where it was reversed. The…

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