Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-----S. 38(3-a)--Labour Appellate Tribunal--Revisional jurisdiction-Whether could be exercised on motion of parties--Suo motu statutory power can be invoked by authority vested with it on application of a party to proceedings before subordinate forum or authorities-Provisions of subsection (3-a) of S.38 have no bar on Tribunal to exercise jurisdiction if requisite information comes before it from any source including an application made by any party. (b) Industrial Relations Ordinance (XXIII of 1969)-----Ss. 36(2) & 25-A--Civil Procedure Code (V of 1908), O.V, r. 15-­Service of notice on mother of respondent--Respondent being out of country to perform Haj--Dismissal of petition for non-appearance-­Restoration of petition impugned--Held, service of notice was not duly effected and order of dismissal was patently illegal as it had effect of refusing opportunity of hearing to respondent--Petition rightly restored. (c) Constitution of Pakistan (1973)-----Art. 199--Constitutional jurisdiction, exercise of--Impugned order passed in order "to foster the cause of justice"--High Court was within its power to refuse relief in Constitutional jurisdiction even though authority concerned had acted clearly without jurisdiction--High Court having acted in consonance with higher principle of justice laid down by Supreme Court, no exception could be taken to order impugned--Leave to appeal refused. Raunaq Ali v. Chief Settlement Commissioner P L D 1973 S C 236 rel. ORDER ZAFFAR HUSSAIN MIRZA. J.--This petition for leave to appeal is directed against the judgment of a Division Bench of the High Court of Sind Karachi, whereby the petitioners Constitutional Petition was dismissed. 2. The facts are that Muhammad Javed, respondent No.l herein, was an employee of the petitioner company. His services having been termlnRted on 27-2-1975 he filed a grievance application under section 25-A of the Industrial Relations Ordinance, 1969 before the IVth Junior Labour Court, Karachi. As the said respondent had also filed two criminal prosecutions on the same cause of action alleging unfair labour practices, which were pending trial, the…

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