Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- --- S. 15 and Constitution of Pakistan (1973), Art. 199-Petitioner's allegation throughout being of having been victimised on account of his being elected as General Secretary of Employee's Union against wishes of respondent by defeating their candidate ­Allegation not dealt with by Courts below-Held: Most solemn proceedings vitiate on proof of fraud or malice-Impugned order declared to be without lawful authority and case remanded to Tribunal to be reconsidered in light of observation of High Court. M. Ismail Qureshi for Petitioners. Nemo for Respondents Nos. 1 and 2. Javid Altaf for Respondents Nos. 3 and 4. Date of hearing : 3rd May, 1978. JUDGMENT This petition under Article 199 of the Constitution of the Islamic Republic of Pakistan (1973) was moved in the Court whereby the order of the Labour Appellate Tribunal, Lahore, dated 12th February, 1977, has been challenged on various grounds. 2. Brief facts of the case are that the petitioner was working as Dispenser with the respondent-Company since 1969. On 30th August. 1974. the wife of one Muhammad Afsar was unwell and he went out to treat her along with bag of medicines containing 54 items, He was caught by the Security Officer Nar Muhammad at the gate. The company for the first time introduced Medical Rules on 12th August, 1974. The incident took place on 30th August, 1974. The enquiry was conducted and Nur Muhammad, Security Officer was asked a question as to why he has for the first time stopped the petitioner from going out for treatment. The answer was that he had received order on that very day. The petitioner was dismissed from service on 30th October, 1974. 3.…

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