Law:

Section:

(a) Constitution of Pakistan (1973)-- - Art. 185(3)-Leave to appeal-Plea of fact that employee respondent having not issued any "grievance notice" as required by relevant law, employee's application could not be entertained by Labour Court neither taken m any of Labour Courts nor even in High Court-Not proper, held, in such state of affairs to allow counsel to take up such plea of fact for first time in Supreme Court.-[Industrial dispute]. (b) Industrial Relations Ordinance (XXIII of 1969)- S. 25-A (5)-Jurisdiction -Words "shall go into all the facts of the case" in S. 25-A (5) -Clearly lay down Junior Labour Court's full and complete powers to enter into questions of fact and to arrive at its own conclusions regardless of there being no illegality of procedure in domestic proceedings-Labour Court, held, possessed of jurisdiction to go behind a dismissal order and to see for itself whether on facts and in circumstances of case employer's order was or was not justified both on merits as well as in law-Legislature, held further, provides a double check, one in form of domestic inquiry and another in form of judicial determination by Junior Labour Court itself with a view to check arbitrary, capricious, and camouflaged dismissals.-[Words and phrases--Industrial dispute]. Ch. Altaf Hussain, Advocate Supreme Court instructed by Salahuddin, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing : 28th June, 1978. ORDER KARAM ELAHEE CHAUHAN, J.-Muhammad Yaqub (respondent No. 1) was employed as a Tally Clerk in the Crescent Jute Products Limited, Jaranwala (hereinafter called the petitioner/employer). The employer dismissed Muhammad Yaqub from service on 19-11-1972. He filed an application which was accepted on 12-2-1973 by the Junior Labour Court and his dismissal was held to be illegal for want of giving him a reasonable opportunity to defend himself due to non-supply of the inquiry report. The employer filed an appeal which was dismissed so far as the declaration regarding the illegality of dismissal order was concerned but was partly accepted by holding that the consequent re-instatement of the employee would not make him eligible to claim…

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