Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--S. 25-A and Constitution of Pakistan (1973), Art. 199-Re-instate­ment-Writ proceedings-Employee dismissed from service for miscon­duct but re-instated on appeal-High Court on writ petition being filed dismissing same on ground of counsel having conceded matter being fought only as an academic matter for future guidance inasmuch as respondent had already resumed duty and that question of past benefits being only a consequential matter to be agitated before appropriate forum could not be proper subject-matter of writ petition-Held, re-instatement of petitioner to circumstances neither rendered proceedings in High Court infructuous nor made it only academic-- Re-instate­ment having been made pursuant to order of Labour Appellate Tribunal having to be complied with, compliance made under protest acid subject to result of litigation and not conclusive -of matter.­[Industrial dispute] (b) Constitution of Pakistan (1973 ) Art. 185(3)-Leave to appeal-Objection not raised before lower Courts and consequently not dealt with by any of Courts, held, not entertain able for first time in leave to appeal proceedings. (c) Industrial Relations Ordinance (XXIII of 1969)-. S. 25-A-Judge in his own cause-Officer initiating proceedings handing over tainted money for laying trap against employee and also supervising trap at concluding stages and witnessing a part of transaction-Involvement of such officer in proceedings, held, more than that of a witness and made him a Judge in his own cause.---[Industrial dispute]. ORDER SHAFl-UR-REHMAN, J.-The petitioner, seeks leave to, appeal against the judgment of the Lahore High Court dated 20-8-1978 whereby a constitutional petition filed by him was dismissed in limine on the ground that there was a concession by his counsel that he was "fighting only an academic matter" and the abject of the petition was to have future guidance". 2. The petitioner is the employer and the respondent No. 3 an employs being an officer Grade III. On complaints received the respondent was caught red-handed in a trap while receiving illegal gratification. He was proceeded departmentally. An inquiry was held to…

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