Law: Constitution of Pakistan, 1973

Section: 199

Law: Industrial and Commercial Employment (Standing Orders) Ordinance, 1968

Section: 12,15(4)

Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 25-A

Summary of Case The petitioner, Sui Southern Gas Company (SSGC), filed a Constitutional Petition challenging the concurrent findings of the National Industrial Relations Commission (NIRC), which had declared the dismissal of Respondent No.1 (Bakht Zada) illegal and ordered his reinstatement with back benefits. The respondent employee was dismissed from service on allegations of accepting a bribe from a customer for installation of a gas connection. The petitioner argued that disciplinary proceedings were properly initiated and the misconduct was proved during inquiry. The respondent contended that the charge sheet was issued beyond the mandatory period prescribed under Standing Order 15 of the Industrial and Commercial Employees (Standing Orders) Ordinance, 1968, and that the allegations of misconduct were not supported by evidence. The Court examined the record and found that the complaint was received on 27.01.2017, but the show-cause notice and charge sheet were issued after more than six months, violating the requirement of issuing notice within one month. The Court further observed that the complainant was not examined during the inquiry proceedings and later appeared before NIRC to support the employee’s innocence. The Court held that the dismissal order was based on unreliable evidence and violated labour law protections. Since the findings of NIRC were based on proper appreciation of evidence and no jurisdictional error was established, the Constitutional Petition was dismissed. Sections / Provisions Used Article 199, Constitution of Pakistan, 1973 Constitutional jurisdiction of High Court. Standing Order 12, Industrial and Commercial Employees (Standing Orders) Ordinance, 1968 Termination of employment of workers. Standing Order 15(4), Industrial and Commercial Employees (Standing Orders) Ordinance, 1968 Procedure for dismissal on misconduct charges. Section 25-A, Industrial Relations Ordinance, 1969 Individual grievance redressal. Case Description (2 Words Each) Illegal Dismissal Labour Dispute ORDER . Through this petition, the petitionerhas challenged the concurrent findings rendered vide Order dated 26.02.2024 by the Full Bench of National…