Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) - -- S. Os. 12 & 15, Industrial Relations Ordinance (XXIII of 1969), S. 25-A and Constitution of Pakistan (1973), Art. 199--Worker-Termination of service-Charge-sheet containing allega­tion of respondent's misconduct for participating in an illegal strike-Order of termination a mere device adopted by petitioner to avoid holding domestic enquiry into allegation--Held, could not be construed as termination simpliciter-Concurrent finding of Labour Court and Appellate Tribunal unexceptionable. Sh. Manzoor Ahmad for Petitioner. ORDER This constitutional petition calls in question the validity of the order dated 2nd February, 1982 of the learned Punjab Labour Appellate Tribunal, Lahore, whereby he dismissed the petitioner's appeal and main­tained the order dated 22nd December, 1981 of the learned Presiding Officer, Punjab Labour Court No. 2, Lahore directing respondent No. 1's re-instatement in service with back benefits. 2. The relevant facts of the case are that on 24th November, 1977, the workers of Rustam-Sohrab Cycle Factory, Shahdara, Lahore, went on strike on account of refusal of the management to observe 24th November, 1977 as holiday. Respondent No. 1 having taken part in the strike was arrested and later convicted and sentenced to rigorous impri­sonment for one year and five lashes by Martial Law Authorities. During his detention in jail, he was served with Charge-Sheet dated 23rd November, 1977 issued by the petitioner-management. He submitted his reply but the management vide order dated 16th January, 1978 terminated his services on the ground that he had been sentenced to one year's rigorous imprisonment for which period the job could not be left vacant. He was released from jail on 21st March, 1978 and reported for duty on 23rd March, 1978 but the petitioner did not allow him to join service. The respondent then challenged the order of his termination of service by means of petition under section 25-A of the Industrial Relations Ordinance, 1969. The application was allowed on 1st March, 1979 by Punjab Labour Court No. 2, Lahore, and he was re-instated is…

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