Law: Constitution of Pakistan, 1973

Section: 199

Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 25-A, 37

Constitution of Pakistan (1973) Art. 199 read with Industrial Relations Ordinance (XXIII of 1969). Ss. 25-A & 37-Writ - Scope of jurisdiction-Workman dismissed for misconduct-Facts regarding misconduct admitted in reply to charge-sheet-Burden of proof to justify such action upon workman Workman not participating in domestic enquiry-Concurrent findings of Labour Court and Labour Appellate Tribunal rebutting averments of workman in his reply to charge-sheet-Such concurrent findings, held, cannot be interfered with by High Court in constitutional jurisdiction-Enquiry held impartially-Mere fact that inquiry fixed by Enquiry Officer on second day of his appointment, held, creates no violation of principle of natural justice.                                                                                                                              ORDER AJMAL MIAN, J. This petition is directed against the orders dated 16-4-1980 and 7-5-1980 passed by the learned Labour Court No. 6 at Hyderabad, and the learned Sind Labour Appellate Tribunal at Karachi respectively, in application No. 213/79 and Appeal No. HYD-300/80 respectively maintaining the dismissal of the petitioner from the Service by the respondent No. 3. The facts leading to the filing of the above petition are that the petitioner was working in the capacity of a driver in the establishment of the respondent No. 3 with effect from 2-1-1979 and was confirmed as such by an order dated 17-4-1979. The petitioner was served with a charge-sheet dated 15-8-1979 alleging therein that the petitioner drew the bus to the residence of the Project Manager and then to the bunglow of the Deputy Commis sioner, Thatta, thereby committing offences under clause (g) subsection (3) of the Standing Order 15 of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. The above…