Law:

Section:

Constitution of Pakistan (1973)---- ---Art. 199 read with Industrial Relations Ordinance (XXIII of 1969), S. 38-Findings of fact-Not open to interference by High Court in constitutional jurisdiction-Labour Appellate Tribunal a Court of competent jurisdiction to give finding on question of fact i.e. whether or not petitioner seeking relief under S. 25-A of Industrial Relations Ordinance, 1969 for re-instatement was in fact re-employ­ed or not-Such findings of fact, held, cannot be interfered with by High Court in constitutional jurisdiction even if High Court were to take a different view on basis of evidence op record. All Amjad for Petitioner. Syed Qamruddin Hassan for Respondents. Date of hearing : 5th April, 1984, JUDGMENT AIMAL MIAN, J.-This is a petition against the order, dated 5th November, 1979 passed by the learned Sind Labour Appellate Tribunal in Appeals Nos. KAR 159/78 and KAR 189/78. The brief facts leading to the filing of the above petition are that the petitioner was employed with respondent No. 3 on temporary basis for a period of two months, with effect from 22nd July, 1975. Upon the expiry of above period of two months the services of the petitioner were terminated by a notice, dated 18th September, 1975, with effect from 19th September, 1975. It is the case of the petitioner that he was re-employed immediately thereafter. However, it is the case of respondent No. 3 that he was not re-employed. It seems that on 19th November, 1976 petitioner served a grievance notice under section 25-A of the 1.R.0. alleging therein, that his services were illegally terminated orally on 7th November, 1976. The above notice was re­plied to by respondent No. 3 on 1st February, 1976 wherein it was pointed out that the petitioner was employed temporarily for a period of two months and that his services were terminated by the above notice, dated 18th September, 1975 with effect from 19th September, 1975. The peti­tioner filed an application under section 25-A of the I.R.O. on 15th February, 1977 in the Vth Labour Court at Karachi. The above appli­cation was resisted by respondent No. 3. The learned Labour Court after recording the evidence and hearing the parties…

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