| Citation(s) |
|---|
| 1976 SLG 1096 1976 SLD 1096 1976 PLC 647 |
Sindh High Court
Constitutional Petition No. 135 of 1975
ZAKAULLAH LODHI, J
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Constitutional Petition No. 135 of 1975
ZAKAULLAH LODHI, J
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Muhammad Ramzan
VS
Presiding Officer, Sind Labour Court No. Iv And 3 Others
Law:
Section:
Keywords: Goods, Theft, Costs, Set Aside, Constitutional Petition, Petition, Petitioner, Order, Proceedings, Division, Jurisdiction, Parties, Interference, Labour Court, Delivery, Commission, Guilty, Appellate Tribunal, Appellate Tribunal Result: Petition dismissed JUDGMENT The petitioner who was serving the respondent No. 3 as driver was accused of short delivery of goods to the respondent No. 4 on 22nd July. 1974. Accordingly he was charge-sheeted by the petitioner and an inquiry was conducted against him. He was found guilty in the inquiry and was dismissed from services on 8th August 1974. He filed an application before the Junior Labour Court praying his re-instatement in service and the Junior Labour Court ordered his re-instatement on tree ground that the charge levelled against him by the petitioner had not been proved in the inquiry. An appeal was filed against this order by the petitioner, which was allowed by the Vth Sind Labour Court, Karachi, respondent No. 1 on 26th November, 1974. The petitioner has come up to this Constitutional Petition against the last mentioned order. 2. The only contention of the learned counsel for the petitioner is that the conclusion of the Labour Court that the Junior Labour Court should not like have scrutinized the finding of facts arrived at in the inquiry proceedings an Appellate Court was against law. In this connection he has placed reliance on Imdad Ali v. Sind Labour Appellate Tribunal (P L D 1975 Kar.. 288). In this case it was held by a Division Bench of this Court that the scope of examining the inquiry proceedings was sufficiently large as subsection (5) of section 25-A(1) of the Industrial Rela tions Ordinance, 1969 provided that…
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