Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Industrial Relations Ordinance (XXIII of 1969), Ss.25-A & 38(3)--Labour Appellate Tribunal, powers of--Dismissal from service by competent authority affirmed by Labour Court and set aside by Labour Appellate Tribunal and substituting lenient punishment for dismissal--Question arising whether Appellate Tribunal had power to substitute any punishment for one imposed by competent authority--Held, Appellate Court had no power to substitute a punishment for that imposed by competent authority. Inspector-General of Police and others v. Muhammad Farid 1983 SCMR 242; Crescent Jute Products Ltd., Jaranwala v. Muhammad Yaqub and others P L D 1978 S C 207 and Abdul Rashid v. Sind Labour Appellate Tribunal and others 1984 P L C 386 ref. Pakistan Tobacco Co. Ltd. v. Channan Khan and others 1980 PLC 981 rel. Munir A. Shaikh, Advocate Supreme Court and Akhtar Ali Advocate-on-Record for Petitioner. Khawaja M. Naim, Advocate Supreme Court and M.Afzal Siddiqi, Advocate-on-Record for Respondents. Date of hearing: 15th April, 1986. ORDER MUHAMMAD HALEEM, C.J.--An inquiry was held against the petitioner while he was posted as a Clerk in the Habib Bank Limited at Kharian Cantt Branch in 1969, and out of eight charges leveled against him, the competent authority held him guilty on charges 1 to 4 and 7, whereas he was exonerated on charges Nos.. 5. 6 and 8, and ordered to be dismissed from service. Against this order the petitioner invoked the jurisdiction of the Labour Court under section 25-A of the Industrial Relations Ordinance. 1969, which upheld the order of the competent authority and maintained his dismissal. In appeal, the Appellate Labour Court held him guilty on charges 1 and 2 and exonerated him of the remaining charges. However, it set aside the punishment of dismissal and ordered him to be reinstated, but denied to him the back benefits. -He then invoked the writ jurisdiction of the High Court but did not succeed as the High Court held that his reinstatement was without lawful authority and remanded the case to the competent authority for considering the question of punishment afresh on the basis of only two charges…

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