| Citation(s) |
|---|
| 1984 SLG 966 1984 SLD 966 1984 PLC 36 |
Sindh High Court
Constitutional Petition-No. D-363 of 1983, decided on 5th May, 1983.
ABDUL HAYEE KURESHI, C, J AND SALEEM AKHTAR, J
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Constitutional Petition-No. D-363 of 1983, decided on 5th May, 1983.
ABDUL HAYEE KURESHI, C, J AND SALEEM AKHTAR, J
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MEHMOOD PERVEZ NAZ
VS
IVTH SIND LABOUR COURT AND OTHERS
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)- ---Ss. 2 (xxviii), 25-A & 38 (3) and West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 2 (i)-Accounts Officer appointed in managerial cadre assigned duties neither manual nor clerical-Labour Court and Appellate Tribunal after assessment of evidence and examination of documents on record coming to conclusion that such Accounts Officer was not a workman hence not entitled to grievance petition before Labour Court ________Concurrent findings of fact arrived at by Labour Court and Appellate Tribunal held cannot be disturbed in constitutional jurisdiction unless findings not based on any evidence or certain material excluded from consideration____ No such point established Fact that on appreciation of evidence it was possible to take different view from that taken by Appellate Tribunal in circumstances, held, will not render impugned order illegal or passed without lawful authority_____ Interference, in circumstance refused by High Constitutional jurisdiction___ ___Provisional Constitution Order ( 1 of 1981) Art. 9. ORDER SALEEM AKHTAR, J.-The petitioner has challenged the order passed by the Labour Court and the Sind Labour Appellate Tribunal, whereby his application under section 25-A, I. R. O. has been dismissed. The petitioner was employed on probation by respondent No. 3 on a consolidated salary of Rs. 1,100. He was appointed to work in any shift and to do any duty assigned to him. The petitioner joined duty on 4th March, 1981 and was confirmed by letter, dated 17th October, 1981 in the management Grade I as Accounts Officer w.e.f. 5th September, 1981. His basic salary was fixed at Rs. 850 p. m. excluding allowances. One of the conditions was that his service was liable to be terminated on one month's notice or pay in lieu thereof. On 12th December, 1981 the petitioner's service was terminated with immediate effect and he was asked to collect his dues. The petitioner served a notice on respondent No. 3 and dissatisfied with the reply, he filed a. grievance petition before the learned 3rd Labour Court. After examining te documentary and oral evidence the learned…
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