Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)----- -- Ss. 25-A & 38 (3)-Power of Labour Court and Labour Appellate Tribunal -Co-extensive-Findings on questions of fact and law­-Labour Court has full power to enter into question of fact and also to arrive at its conclusion in regard to questions of law-Labour Appellate Tribunal, held, also can enter into all questions of fact and record its findings even by displacing those recorded by Enquiry Officer or Labour Court-Workman instead of complying with transfer order submitting leave application on medical grounds supported by medical certificate-Failing to appear before Medical Officer of Employer despite directions-Dismissed from service on charge of absence without sanctioned leave and miscon­duct of not appearing before Medical Officer and disobedience of transfer order-Labour Court dismissing grievance petition­ Labour Appellate Tribunal setting aside order of Labour Court and awarding re-instatement-Order of Appellate Tribunal impugn­ed in constitutional petition before High Court on contentions (1) Labour Appellate Tribunal could not consider facts and acted incorrectly in re-appraising evidence before Enquiry Officer and Labour Court and (2) Appellate Tribunal acted wrongly in sum­moning and examining Doctor who bad given medical certificates in support of leave application-Contentions repelled by High Court-Appellate Tribunal, held, had co-extensive powers of findings of facts and law and in recording further evidence acted in interest of justice to arrive at truth hence no fault could be found therein-Petition, in circumstances, dismissed by High Court-Constitutional jurisdiction-Provisional Constitution Order (I of 1981), Art 9. Ahmad Had! Shah v. Rashid Textile Mills Ltd., .1976 P L C 444 and Crescent Jute Products Ltd., v. Muhammad Yaqub P L D 1978 S C 207 ref. Muhammad Shamim v. Messrs Pakistan Tobacco Co. 1975 S C M R 46 not jol. Khawaja Akhtar Ali for Petitioner. S. Tariq Ali for Respondent No. 2. Date of hearing: 26th April, 1983. ORDER ABDUL HAYEE KURESHI, C J.----On the conclusion of the hearing of this case, we had, by a short order, dismissed this petition. The reasons for such short…

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