Law:

Section:

Constitution of Pakistan (1973) Art. ,99 read with Industrial Relations Ordinance (XXII of 1969), S. 25 A Writ Reappraisal of evidence Not possible in Constitu¬tional jurisdiction under Art. 199 No allegation of lack or excess of jurisdiction Impugned order in circumstances of case, cannot be said to have been passed without lawful authority. [Evidence]. JUDGMENT The petitioner who was employed as a machine attendant with the respondent No. 2, was charge sheeted on 27th February, 1975, for misconduct. The petitioner's reply to the Charge Sheet was found unsatisfactory and enquiry was ordered which was conducted by the Personal Manager of the Company. As the result of the enquiry was against the petitioner, he was served with a second show cause notice on 17 2 1975. The petitioner's reply to the second show cause notice was considered and he was dismissed from service on 27 2 1975. The petitioner authorised the Union to take up his matter and the Union, after service of grievance notice, filed an application under section 25 A of the Industrial Relations Ordinance, before the Junior Labour Court. The petitioner's case was that he had been victimised by the Company on account of his Trade Union activities, more particularly, because he was instrumental in filing a complaint against the Company before the N. I. R. C. It was further contended by him that the enquiry conducted against him was also not fair and there was violation of the rule of natural justice. The respondent No. 2, in its reply statement before the Junior Labour Court raised two fold preliminary objections. It was firstly stated that the grievance petition which was addressed by the Union was not in accordance with section 25 A (1) of the Ordinance as the same was required to be submitted by the worker `himself'. The second objection was that the application under section 25 A, which was presented by the Union also did not comply with subsection (4) of section 25 A of the Ordinance inasmuch as it did not bear the signature of the petitioner and was not filed by him. 2. The Junior Labour Court framed two issues namely; (i) as to whether the domestic enquiry was properly conducted and, (ii) whether…

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