Case Details

Citation(s)
2025 SLG 381 2025 SLD 381 = 2025 PLC 14
Sindh High Court, Sukkur Bench
Constitution Petition No.D-1497 of 2023, decided on 2nd May, 2024.
Before Muhammad Iqbal Kalhoro and Arbab Ali Hakro, JJ
Muhammad Hamayoun for Petitioner. Jamshed Ahmed Faiz for
Respondents Nos.1 to 17. Ahmed Ali Shahani, Assistant Advocate General for
Respondent No.18

Messrs PAKISTAN CHEMICAL AND ENERGY SECTOR SKILL DEVELOPMENT COMPANY through Chief Executive Officer

Law: Sindh Terms Of Employment (Standing Orders) Act, 2015

Section: XI,2(1)(b),16(3)

Law: Constitution of Pakistan, 1973

Section: 199

Law: Companies Act, 2017

Section:

Sindh Terms of Employment (Standing Orders) Act, 2015 (XI of 2016)-------Ss. 2(1)(b) & 16(3)---Re-instatement in service---Petitioner / employer was aggrieved of order passed by Sindh Labour Appellate Tribunal reinstating respondents / employees in service as they had been serving as permanent employees in the roles of gardeners, watchmen, cleaners, and sweepers in the establishment of petitioner---Validity---Labour Appellate Tribunal meticulously examined the issues and had rendered affirmative findings after having thoroughly evaluated the evidence presented---Tribunal considered all facets of the case and subsequently delivered an explanatory judgment---High Court did not find any basis for re-evaluating the evidence and upheld the judgment passed by Labour Appellate Tribunal, as there were no traces of illegality, infirmity, or substantial irregularity---Constitutional petition was dismissed in circumstances.1992 SCMR 505; 1992 SCMR 227 and PLD 1978 Kar. 649 ref.Khalid Mehmood v. State Life Insurance Corporation of Pakistan et al. 2018 SCMR 376 and The Chairman Agriculture Policy Institute, Ministry of National Food Security and Research, Government of Pakistan, Islamabad and another v. Zulqarnain Ali and another 2022 SCMR 636 rel..Date of hearing: 26th March, 2024.JUDGMENTARBAB ALI HAKRO, J.---In this petition, pursuant to Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioner, herein the employer, has impugned the Judgment rendered on the 20th of September, 2023, by the Sindh Labour Appellate Tribunal (hereafter referred to as "the Appellate Tribunal"). The impugned judgment allowed the appeals of the Respondents, the employees in this matter, thereby overturning the common Judgment dated the 08th of June, 2023, which was rendered by Sindh Labour Court No.7 Sukkur concerning Grievance Applications Nos. 4 to 20 of 2022.2.    The facts of the case, as presented in this petition, are that respondents Nos.1 to 17, who are employees of the petitioner, submitted their grievance applications. In these applications, they stated that they have been serving as permanent employees in the roles of Gardeners,…
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