Law:

Section:

Provisional Constitution Order (I of 1981)---- --- Art. 9 read with Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38(3)--Constitutional jurisdiction-Findings of fact-Workman dismissed for misconduct Labour Court dismissing grievance petition having considered all evidence and. finding fact that misconduct established in fair enquiry and petitioner afforded opportunity of hearing after service of second show-cause notice also Findings of Labour Court upheld by Labour Appellate Tribunal-No grievance that evidence was overlooked or that findings were incorrect or so absurd as would pursuade High Court to exercise constitutional jurisdiction despite traditional loathe of High Court to interfere on facts Interference refused and constitutional petition challenging orders of Labour Appellate Tribunal and Labour Court, in circumstances, dismissed in limine. S. Safdar Hussain for Petitioner. Muhammad Rafat Usmani for Respondent No 3 (on Pre-admission Notice). ORDER ABDUL HAYEE KURESHI, C. J.----The brief facts are that the petitioner was an employee of Messrs Aspro Nicholas (Pakistan) Limited. He was working as a Security Assistant. It seems that, on 8th September, 1980 the petitioner assaulted a co-employee with an iron rod on his head, causing injuries to the skull. The injured was sent to the Medical Officer for examination, who certified that he had two injuries on his person. The petitioner was given a show-cause notice, and, on 17th September, 1980 he submitted an explanation, which substantially was to the effect that it was Muhammad Ilyas, the other injured employee, who had started the quarrel, had caught hold of him by the Collar, and, on being pushed, had received head injury, owing to compact with the table, or, the wall. An enquiry was held, at which injured Muhammad Ilyas, Miss Josephene, Fazal Rehman, and Rahimullah were examined. The petitioner also examined Shafi Ahmad Khan, Ghulam Sarwar Khan, Muhammad Ameen, Haider Zaman and Subhan Khan in his defence. The domestic enquiry was decided adversely to the petitioner by the Enquiry Officer, who, by a report, dated 30th November, 1980 recorded findings that the peti­tioner had voluntarily…

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