Law:

Section:

(a) Constitution of Pakistan (1973)-- ---Art.199--Constitutional jurisdiction--An equitable jurisdiction--It can be invoked in aid of justice and not to perpetuate injustice--High Court, held, was not bound to quash impugned order even if it was legally somewhat doubtful provided it was in accord with equity. Muhammad lqbal v. Chief Settlement Commissioner P L D 1965 (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A--Constitution of Pakistan (1973), Art. 199--Dismissal--Workman employed as a messenger in petitioner-Bank--His services terminated for not returning building advance obtained from bank strictly according to rules--Labour Appellate Tribunal while re-instating workman observing in his impugned that domestic inquiry against worker was badly time-barred, it reflected previous annoyance of Circle Officer; amount of loan was admitted by respondents which could be recovered by other legal methods available to bank and that inquiry of fraud against respondents was not just and was singularly unfair--Interference declined by High Court in Constitutional jurisdiction. 1983 P L C 468 and 1982 P L C 683 ref. Shabir Ahmed Awan for Petitioner. Abdul Hamid Khan for Respondent No.l. Date of hearing: 2nd Semptember, 1986. JUDGMENT SYED ABDUR REHMAN, J.--This Constitutional Petition is directed against the order of Sind Labour Appellate Tribunal, dated 21-8-1986, whereby the order of the Chairman Labour Court was set side and the dismissal of the respondent by the petitioner-Bank was declared illegal. 2. The facts giving rise to this petition "are that the appellant was appointed as a messenger in Muslim Commercial Bank Limited on 10-2-1976. He was charge-sheeted on 13-9-1981. The allegations were that the appellant had obtained a house building loan but had not utilized it for purchasing the plot or raising construction thereon and had not executed mortgage deed in favour of the bank. He had thus fraudulently obtained an amount of Rs.31,000 from the bank by misrepresentation. The appellant in his reply to the charge-sheet admitted that a house building loan was sanctioned to him to the extent of Rs.40,000. On 8-2-1981 he entered into an agreement with…

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