Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 25-A

Keywords: Proceedings, Set Aside, Subsequent Events, Constitution Of Pakistan, Manager, Termination Of Service, Provisions, Costs, Interpretation, Writ Jurisdiction, Termination Of Service, Period, Dispense With, Grievance, Leave, Registered, Disclose, Contract, Interpretation Of Statutes, Protection, Constitutional Petition, Impugned Order, In Lieu, Natural Justice, Legality, Notice, Obligation, Petition, Anomalies, Constitution, Permission, Order, Punishment, Rent, Petitioner, Consequences, Tenure Of Service, Illegal, Jurisdiction, Labour Court, Opportunity Of Hearing, Appellate Tribunal Result: Petition dismissed JUDGMENT ZAFFAR HUSSAlN MIRZA, J. Miss Dubasb, the petitioner In this Constitutional Petition seeks to challenge the legality of the decision dated 30-5-1974, of the Sind Labour Appellate Tribunal, Karachi, whereby the award passed by the 5th Sind Labour Court, Karachi in favour of the petitioner under section 25-A of the Industrial Relations Ordinance, 1969 was set aside. The brief facts forming the background of this case are that respondent No. 2 is a Company registered under the Shops and Establishments Ordinance, 1969 (hereinafter referred to a the Ordinance). The petitioner was a permanent employee of respondent No 2 and was serving as the Secretary with the said respondent. It is alleged that on 3-5-1972 the petitioner was informed on the telephone that her services were terminated and thereafter she was not permitted to perform her duties. The petitioner lodged a written protest against the termination of her service in the aforesaid manner through a representation to the Manager and also 3 served a grievance notice on her employer on 23-5-73. Eventually, upon receiving no response from respondent No. 2 the petitioner moved the Labour Court under section 25-A of the Industrial Relations Ordinance, 1969. The aforesaid Court by its award dated 24-11-73 held that the petitioner being a permanent employee the termination of her services orally and without a written notice as con templated under section 19 of the Ordinance was illegal and ordered her re-instatement with all back benefits. This award was challenged in appeal by respondent No. 2…

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