Law:

Section:

(a) Constitution of Pakistan (1973)-- ---Art.199--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.15(4)--Industrial Relations Ordinance (XXIII of 1969), Ss.25-A & 38(3)--Dismissal of bank employee for misconduct--Grievance petition of employee dismissed by Labour Court and Labour Appellate Tribunal--Knowledge of date of misconduct, a question of fact--Plea in constitutional petition that notice of misconduct issued to employee/ petitioner was time-barred repelled-­Question of limitation was a mixed question of fact and law but question as to the date of misconduct, coming to knowledge of employer, held, was a question of fact--Such question having been dealt with by Labour Court and Appellate Labour Tribunal in their elaborate decisions could not be interfered with in constitutional jurisdiction in absence of misreading of evidence or non-examination thereof judiciously--Finding of Tribunal of exclusive jurisdiction could not be lightly interfered with on question of fact or even of law. Allah Bachayo v. Sind Labour Appellate Tribunal and 2 others 1981 P L C 277; Naeem Hasan v. Fourth Sind Labour Court and 2 others 1984 P L C 50 and Dr. Muhammad Munir Ahmad v. Secretary to Government of the Punjab, Health Department, Lahore 1984 P L C (C.S.) 1478 ref. Muhammad Hussain Munir and others v. Sikandar and others P L D 1974 S C 139 rel. (b) Constitution of Pakistan (1973)- ---Art.199--Industrial Relations Ordinance (XXIII of 1969), Ss.25-A & 38(3)--Constitutional jurisdiction, exercise of--Misconduct of employee proved by concurrent findings of two Courts below--Finding of such misconduct not challenged in constitutional petition--Constitutional petition being devoid of merits was dismissed in circumstances. Syed Fasahat Hussain Rizvi for Appellant. Khalid Javed for Respondents. Date of hearing: 17th March, 1987. JUDGMENT TANZIL-UR-REHMAN J.--The petitioner was a Messenger working with the Habib Bank Limited at Domanwah Road Branch, Hyderabad. On 23-9-1978 he is alleged to have committed misconduct, whereupon he was charge-sheeted by respondent No.2. Enquiry was held and he was found guilty. He was thus…

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