Law:

Section:

(a) Constitution of Pakistan (1973) Art. 199 read with Industrial Relations Ordinance (XXIII of 1969), S. 25 A Alleged plea of voluntary resignation by workers--¬Labour Court, under S. 25 A of Ordinance, considering in support of such plea and finding same to be without substance Such finding of Labour Court on question of fact Held, cannot be disturbed by High Court in exercise of Constitutional jurisdiction unless same based on no evidence or on misreading of evidence. ¬[Industrial dispute]. Badrul Hague Khan v. Election Tribunal P L D 1963 S C 704 and Muhammad Hussain Munir v. Sikandar P L D 1974 S C 139 ref. (b) Industrial Relations Ordinance (XXIII of 1969) S. 34 Application under S. 34 Held, would lie against dismissal or termination of workman ordered in consequence of or arising from an industrial dispute. [Industrial dispute]. International Laboratories Employees' Union v. Sind Labour Appellate Tribunal 1976 P L C 38 ref. JUDGMENT By this constitutional petition the petitioner Mills have called in question the legality of the decision given by the Labour Appellate Tribunal upholding the award of the IInd Sind Labour Court, Karachi, given on 5 2 1974. By this award, the Labour Court has allowed the application for the reinstatement of 5 workmen and that held the termination of their services was not legal. 2. The facts necessary for the disposal of this petition, briefly stated, are that in consequence of an allegedly illegal lockout in the petitioner Mills from 23 8 1972, resulting in the unemployment and deprivation of services of 9 workers, respondent No. 1, which is the registered Trade Union of workmen employed in the petitioner., Mills, submitted an application under section 34 of the Industrial Relations Ordinance to the Labour Court, praying (a) that the lockout effected in the petitioner Mills be declared as illegal; (b) that the workers affected be declared to be entitled to restration in service with full back benefits; and (c) that an order be issued to the petitioner Mills directing them to lift the lookout. 3. During the pendency of the proceedings taken upon the application of the respondent union, Mr. Mushtaq Ahmed Siddiqui, who was the…

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