Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 25-A & 38-Jurisdiction of Labour Court and Appellate Tribunal-Domestic enquiry Accused's request for production of witnesses refused by Enquiry Officer on ground named wit­nesses being no longer in service of establishment-Ultimate dismis­sal order passed against accused set aside by Labour Court on coming to conclusion that enquiry had not been fairly conducted­ Order of Labour Court upheld by Appellate Tribunal-Orders of Labour Court and Appellate Tribunal challenged before High Court-Accused, held, entitled in law to produce evidence in defence which right was refused by Enquiry Officer -Concurrent findings of Labour Court and Appellate Tribunal having jurisdic­tion to matter, in circumstances, held, cannot be interfered with in constitutional jurisdiction by High Court-Constitutional jurisdic­tion-Constitution of Pakistan (1973), Art. 199. Khalid M. Ishaque and Nizam Ahmed for Petitioners. Muhammad Junaid Farooqui for Respondents. Dates of hearing: 28th and 29th April, 1982. JUDGMENT AJMAL MIAN, J.-This writ petition is directed against the orders dated 1st June, 1978 and dated 23rd December, 1978 passed by the learned 1st Sind Labour Curt at Karachi and the learned Sind Appellate Tribunal at Karachi respectively in Application No. 254(77 and Appeal No. KAR-230/78 respectively. The brief facts leading to the filing of the above petition are that respondent No. I was working with the Petitioner, company as a Statisti­cal Assistant since 22nd May, 1968. It seems that the petitioner inter alia issued a show-cause notice dated 15th October, 1974, calling upon respondent No. 1 to show cause, as to why he had not submitted monthly statistic reports for the months mentioned in the show-cause notice within the time provided for. It may be pertinent to quote hereinbelow the details of the above months, namely Month Due on Delivered on Delay June, 1974 4-7-74 5-11-74 21 working days July, 1974 6-8-74 30-9-76 37 „ „ Aug. 1974 5-9-74 Not yet received 25 „ Sept. 1974 4-10-74 Not yet received 6 „ „ It further seems that the above show-cause notice was followed by a charge-sheet dated 13th November,…

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