| Citation(s) |
|---|
| 1983 SLG 1461 1983 SLD 1461 1983 PLC 324 |
Sindh High Court
Constitutional Petition No. D-372 of 1977, decided on 17th May, 1982.
ABDUL HAYEE KURESHI, C.J. AND SAJJAD ALI SHAH, J
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Constitutional Petition No. D-372 of 1977, decided on 17th May, 1982.
ABDUL HAYEE KURESHI, C.J. AND SAJJAD ALI SHAH, J
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TEXTILE CORPORATION OF PAKISTAN LTQ.
VS
SIND LABOUR APPELLATE TRIBUNAL AND 2 OTHERS
Law:
Section:
Constitution of Pakistan (1973)--- --Art. 199 read with West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 15 (3) (a) (h) and. Industrial Relations Ordinance (XXIII of 1969), S. 25-A Absence of illegality in- orders-Interference in-Worker dismissed from service for committing misconduct mentioned in S.O. 15 (3) (a) (h) of West Pakistan Industrial and Commercial Employment (S. O.) Ordinance, 1968-His grievance petition under S. 25-A of Industrial Relations Ordinance, 1969 before Labour Court allowed as employer not interested in contesting proceedings-Labour Appellate Tribunal dismissing in limine employer's appeal against order of Labour Court-Held, no limitation contemplated on dismissal in limine of appeal by Labour Appellate Tribunal and not imperative for it to call for record before such dismissal-No illegality in orders held committed, hence no justification for interference by High Court. Syed Mudaris Ali v. Syed Muhammad Ilyas All and others P L D 1971 Dacca 309 ; Imdad Ali v. Labour Appellate Tribunal and another P L D 1975 Kar. 288 and Shaikh Inayatullah v. Mian Abbas Ahmad Khan and another 1970 S C M R 130 distinguished. Crescent Jute Products Ltd. v. Muhammad Yakoob etc. P L D 1978 S C 207 ref. Madad Ali Shah for Petitioner. Ali Amjad for Respondent No. 3. Date of hearing : 17th May, 1982. JUDGMENT SAJJAD ALI SHAH, J.-This petition is directed against the impugned decision of Labour Appellate Tribunal, whereby order of the Labour Court dismissing grievance petition filed by respondent No. 3 has been allowed with direction to the petitioner to re-instate the respondent No. 3 forth with all back benefits. Shortly stated the relevant facts are that respondent No. 3 namely Mian Khan son of Ahmad Khan is a worker in Textile Corporation of Pakistan Ltd., petitioner before us. Respondent No. 3 was given charge-sheet for committing misconduct under Standing Order 15 (3) (a) (h) of West Pakistan Industrial and Commercial Employment (S. O.) Ordinance, 1968 and domestic inquiry was held. On the report of the Inquiry Officer respondent No. 3 was dismissed from service on 31-7-1976. The said respondent filed…
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