Law:

Section:

Industrial Relations Act (IV of 2008)-------S. 65(2)---Constitution of Pakistan, Art.199---Constitutional petition---Seeking permission to proceed against the employee on basis of the charge-sheet---Respondent/employer had sought permission to carry out departmental proceedings against the petitioner/employee and taking final action against him---Application of the employer seeking said permission having been allowed, employee had filed constitutional petition against the order of the Labour Court entertaining the matter of permission to proceed against the employee on the basis of charge-sheet issued by the employer against him on misconduct---Proper course had been adopted by the employer by approaching the Labour Court under S.65 of Industrial Relations Act, 2008, where matter was sub judice and no final order had been passed---Remedy was very much provided even against the order if any, adversely passed against the employee in such recourse of legal process---Constitutional petition filed by the employee was misconceived and merited no consideration---Labour Court, however was directed to decide the matter of the permission in question within 15 days. Muhammad Zaki v. Messers Singer Pakistan Limited through Chairman and 4 others 2010 PLC 159; Messrs Norwich Union Fire Insurance Society Ltd. v. Muhammad Javed Iqbal and another PLD 1984 Kar. 519; 1986 SCMR 1071; PLD 1979 Kar. 725; 1981 PLC 561; 1985 PLC 754; PLD 1987 Kar. 67; Shah Murad Sugar Mills Limited v. Mir Ali Muhammad and others 2007 UC 14; 1984 PLC 115; 1980 PLC 752 and 1984 PLC 1342 ref. M.A.K. Azmati for Petitioner. Mehmood Abdul Ghani for Respondents. ORDER S. ZAKIR HUSSAIN, J.--- This Constitutional Petition has been preferred against the order of the Labour Court entertaining the matter of permission to proceed against the petitioner on the basis of the charge sheet issued by the respondent against him on misconduct. The petitioner is the Secretary of the Trade Union, which serves as Collective Bargaining Agent as well. He is representing the industrial dispute relating to the charter of demand of the employees that being dispute between the parties, went to the Labour Court, where it is pending…

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