Law:

Section:

Constitution of Pakistan (1973)- --- Art. 199-Industrial dispute-Evidence led by respondents not taken into consideration by two (Labour) Courts below-High Court not Court of fact-Taking into consideration of evidence in circumstances, held, not possible--Concern of High Court in supervisory jurisdiction. The evidence led by respondents has not been taken into considera­tion by any of the two labour Courts below and therefore, it would not be possible to take the same into consideration as High Court is not exercising the jurisdiction of a Court of facts. Facts have to be considered by the Labour Courts, and they have to give their decision in respect of these facts. The High Court in its supervisory jurisdiction is merely concerned with the question whether the decision is arbitrary or based on facts, and whether any irrelevant facts have been taken into consideration or relevant, and material facts have been left out of consideration. High Court does not usually interfere merely on the basis of an incorrect decision on facts. Hassan A. Shaikh for Petitioner. S. Hamid Ali for Respondents. Date of hearing: 24th March, 1979. JUDGMENT These are two identical petitions filed by the petitioner, which is a Limited Company, and wherein both respondents in the petitions were employed on permanent basis. They call into question the two orders of Junior Labour Court and Labour Court which had ordered the re-instatement of respondents with back benefits and rejected the appeal of the petitioner. The relevant facts are as under:----- The petitioner issued certain instructions in 1974 to the head of the `, Department which were sought to be conveyed to respondents in both the petitions, but they are alleged to have refused to receive those instructions. The result was that the petitioner issued show-cause notice to the respondents in the two petitions as to why disciplinary action should not be taken against them. One of the respondent does not admit to have received said notice while the other has replied to the same and refused the allegation. The domestic enquiry was constituted by the petitioner, and the respondents in both- petitions co-operated in the enquiry…

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