Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)---- -----Ss. 25-A & 38 (3)-Labour Appellate Tribunal in appeal against order of Labour Court dismissing grievance petition-Possesses same powers as possessed by Labour Court-Empowered to assess evidence recorded in domestic enquiry on merits in order to come to an independent conclusion about alleged misconduct of work­man-Tribunal dismissing appeal summarily on ground that it was not empowered to go into merits of domestic enquiry-Such order of Tribunal, held, not sustainable-High Court in exercise of Cons­titutional jurisdiction setting aside impugned order and directing that appeal shall be deemed to be pending for disposal before Tribunal-Constitution of Pakistan (1973), Art. 199. lmdad Ali v. Sind Labour Appellate Tribunal P L D 1975 Kar. 288 and Crescent Jute Products Ltd. v. Muhammad Yaqub P L D 1978 S C 207 rel. (b) Constitution of Pakistan (1973)---- ------Art. 199 and Industrial Relations Ordinance (XXIII of 1969), S. 38 (3)-Constitutional jurisdiction-Labour Appellate Tribunal dismissing summarily appeal challenging order of Labour Court dismissing grievance petition-Order of Tribunal based on view that it was not empowered to go into merits and assess evidence recorded in domestic enquiry about alleged misconduct of work­man-High Court finding that order of Appellate Tribunal suffering from legal infirmity and gross misconception of law as to its jurisdiction whereby it could assess evidence recorded in domestic enquiry on merits m order to arrive at independent conclusion about alleged misconduct-Employer conceding legal position but contending that impugned order of Tribunal may not be interfered with by High Court in discretionary jurisdiction because substantial justice had been done and High Court would not on technicalities of law upset same-High Court not feeling inclined to accept such contention for obvious reason that in doing so it shall be depriving workman of his statutory remedy of appeal which was denied by Tribunal on a gross misconception of law as to its jurisdiction­ Held: in refusing to go into merits Tribunal had committed a jurisdictional error which rendered its order…

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