Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------Ss. 25-A & 38---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.15(2), (3)(b)---Constitution of Pakistan, Art.199---Constitutional petition---Dismissal from service---Grievance application---Petitioner/employee who was in continuous service for the last about 20 years, met with an accident and fractured his leg and he was referred for treatment---Employee made application to respondent/employer for making payment of his pending bill,---Employer upon verification of the application of the employee found that his bill was paid off earlier, and finding application of the employee to be an act of misconduct, served him with charge-sheet and after inquiry, dismissed the employee from service---Grievance petition filed ,by employee against order of his dismissal from service, was accepted by the Labour Court and employee was ordered to be reinstated in service with all back benefits---Appellate Tribunal however, dismissed of the Labour Court and employee had filed constitutional petition---Merely by making an application for payment and/or reimbursement of pending bill, would not amount to misconduct---Taking said application of employee to stick height smacked all principles of equity and fair play and was reflective of patent mala fide on the part of the employer-Impugned decision was delivered by the Appellate Tribunal in a slipshod manner and no rationale, whatsoever was given as to why and under what circumstances; and what provision of law had been violated by the Labour Court---Order passed by the Appellate Tribunal was set aside and that of Labour Court upheld and the employer was directed to implement order of Labour Court in letter and spirit, in circumstances. Allied Bank of Pakistan v. Bashir Khan 2006 PLC 39; Pakistan Tobbaco Company Limited v. Channa Khan and others 1980 PLC 981; Pervez Alam v. Pakistan Dairy Products (Pvt.) Limited Karachi and 2 others 2005 SCMR 1840; The Manager Dean's Hot v. Chairman Labour Appellate Tribunal and 2 others, 1986 PLD 537; Qayoom Nawaz and 9 others v. N.-W.F.P. Small Industries Development Peshawar through Managing Director and 4…

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