Law:

Section:

. (a) Act of Court-- ---Appreciation of evidence--Finding based on conduct of parties-­Effect--Court rejecting evidence in inquiry and relying upon conduct of parties during course of litigation--Such course adopted by Court in relying upon conduct of parties in preference to evidence led by parties, held, could not be justified on principle of appraisement of evidence or adjudication of causes or of determination of issues. (b) Constitution of Pakistan (1973)-- ---Art. 199--Constitutional jurisdiction, exercise of--Finding of fact recorded by Court having exclusive jurisdiction, held, would not suffer from jurisdictional error as long as same was not completely fanciful, based on no evidence or was against weight of evidence--Interference in Constitutional jurisdiction in absence of such jurisdiction and error by Courts refused in circumstances. (c) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Grievance petition against termination of service-­Departmental inquiry against employee--Employee tendering resignation on account of family circumstances--During pendency of inquiry-­Pressure of inquiry, held, could be factor which would affect voluntary character of resignation tendered during course of inquiry. (d) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Appreciation of evidence--Tendering of resignation--Such resignation not written in the hand of employee--Scribe of resignation not known--Employer failing to show that employee was literate who could read or understand what was written--Employee denying his thumb-impression on resignation--Voluntary character of resignation held, not proved in circumstances. (e) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Evidence Act (I of 1872), S. 114--Presumption--Employee denying having tendered resignation--Employee addressing registered notice within days of alleged tendering of resignation--Such letter having not, been accounted for by employer, initial presumption, held, would be in favour of employee that such letter if addressed properly and post prepaid would reach destination--Immediate and subsequent conduct of employer following such submission of resignation would…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492