Law:

Section:

(a) Constitution of Pakistan (1973)- ---Art. 199--Constitutional jurisdiction, exercise of--Concurrent findings of fact, held, would not justify interference in constitutional jurisdiction of High Court. (b) Constitution oaf Pakistan (1973)- ---Art. 199--Industrial dispute--Domestic enquiry--Dismissal of employee for absence from duty--Employee in spite of repeated notices to appear before inquiry committee failing to appear--Letter by which employee was asked to appear for enquiry containing complete details of allegations--Employee if not satisfied by such details as contained in letter, could have asked for further details by appearing before inquiry committee--Non-appearance of employee before inquiry committee and wilful absence from duty, held, would not entitle employee to grant of discretionary constitutional relief. Muhammad Zaman Qureshi for Petitioner. ORDER SAAD SAOOD JAN, J.--The petitioner was a Despatch Clerk in the All Industrial Institute at Lahore. He was allowed leave on medical ground without pay from 4-4-1979 to 5-5-1979. On the expiry of this leave he did not resume his duty. On 6-5-1979, the Principal of the Institute called for his explanation. On this he applied for further leave. His request was granted and his leave was extended till 12-5-1979 'as a very special case'. Apparently, he rejoined his duty on the expiry of extended period. On 3-6-1979, he again absented himself from duty. On 5-6-1979, the Principal once more called for his explanation. Soon thereafter the petitioner applied for leave on medical ground. In support of his application he submitted a medical certificate issued by a private practitioner, namely, Dr. Farasat Ali Syed, on 8-6-1979. According to the certificate he was suffering from a serious attack of Lumbago and also that he had been advised rest for a month with effect from 3-6-1979. This certificate was found unreliable by the Principal who by his letter, dated 12-6-1979 directed the petitioner to join his duty immediately. Apparently, the petitioner did not comply with the said direction. On 12-6-1979, the Principal asked the petitioner to appear before Dr. Ali Maqadas Syed for a medical check-up. On…

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