Law: Constitution of Pakistan, 1973

Section: 199

📌 Case Summary This constitutional petition was filed under Article 199 of the Constitution of Pakistan, 1973 challenging the orders of the NIRC (Single Bench and Full Bench) which had reinstated employees (cooks) of a hotel after finding their dismissal unlawful. The petitioner (hotel management) argued that: Inquiry was not properly conducted before NIRC Evidence was not recorded Matter should be remanded for fresh hearing The respondents argued that: Dismissal was based on a vague charge-sheet No proper departmental inquiry or evidence was produced Both NIRC forums gave concurrent findings in favour of employees Constitutional jurisdiction cannot reappraise evidence or grant remand to fill gaps ⚖️ Court’s Findings Inquiry process was defective (no proper evidence or witnesses) Charge-sheet was vague and legally insufficient Concurrent findings of NIRC were valid Article 199 jurisdiction is supervisory, not appellate Remand cannot be used to fill lacunae in case 👉 Result: Petition dismissed 📜 Legal Provision Used Article 199 — Constitution of Pakistan, 1973 🧾 2-Word Case Descriptions Service Reinstatement Inquiry Defect Labour Dispute Dismissal Illegality Evidence Lacuna Jurisdiction Limits Remand Rejected Concurrent Findings ORDER Petitioner has filed this Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, seeking following relief: - Declare the Impugned Appeal Order dated 28.1.2022 and the Impugned Single Bench Order dated 14.9.2021 passed by the Respondent No.1 are illegal, without jurisdiction, void and of no legal effect; Suspend the operation of the Impugned Order dated 28.01.2022 passed by the Full Bench of the Respondent No.1 and restrain the Respondent No.1 from taking any coercive action pursuant to the Single Bench Order of the Respondent No.1 dated 14.09.2021jand complaint Order dated 02.06.2022 Complaint/ Restrain the Respondents No.2 to 4 from attempting to enter into employment with the Petitioner and from interfering or causing any hindrance in the smooth running of the Petitioner's business; Set aside the Impugned Order dated 28.01.2022 passed by the Full…