Law:

Section:

(a) Constitution of Pakistan, (1973)- -- Art. 199-Industrial Relations Ordinance (XXIII of 1969). Ss. 25-A & 38(3)-West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. O. 12­Constitutional jurisdiction-Question of fact--Termination of service allegedly due to mala fide intention-Post created temporarily to streamline work - Termination made after about 14 months service and employee in termination order advised to collect dues including one month's salary in lieu of notice-Requirements of S. O. 12 West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 fulfilled-None else appointed in place of terminated employee-Labour Court and Appellate Tribu­nal dealing adequately question of fact whether or not termination was mala fide or colourable exercise of powers-Appellate Tribunal rejecting plea of mala fide intention after giving sound reasons and upholding termination order-High Court, in circumstances, refusing to interfere in constitutional jurisdiction and held that it would not be justified to attribute mala fide intention to employer. Pakistan Cable Employees Union and another v. Sind Labour Appellate Tribunal, Karachi and another 1981 P L C 589 rel. (b) Industrial Relations Ordinance (XXIII of 1969)-- --S. 25-A---Grievance petition against termination of service---­Non-examination by employer any witness in support of impugned termination order within legal rights of employer-Documentary evidence on record in support of impugned order sufficient to prove plea of employer and no witness produced-Plea in constitutional petition before High Court that employee was prejudiced and deprived of right of cross-examination due to non-production of any witness before Labour Court by employer-Plea rejected­, Held: (i) Employee cannot challenge order of Labour Court and Appellate Tribunal on ground that employer had not examined any witness before Labour Court and (ii) non-examination of any witness being legal right no body could prevent employer from exercising that right-Petition rejected-Constitutional jurisdiction--­Constitution of Pakistan, 1973, Art. 199. Rehmat Illahi for Petitioner.…

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