| Citation(s) |
|---|
| 1987 SLG 1317 1987 SLD 1317 1987 PLC 692 |
Sindh High Court
Constitutional Petition No. D-2 of 1986, decided on 2nd September, 1986.
AHMED ALI U. QURESHI AND SYED ABDUR REHMAN, JJ
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Constitutional Petition No. D-2 of 1986, decided on 2nd September, 1986.
AHMED ALI U. QURESHI AND SYED ABDUR REHMAN, JJ
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MUSLIM COMMERCIAL BANK Ltd.
VS
UBEDULLAH and another
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A--Constitution of Pakistan (1973), Art 199--Constitutional jurisdiction, exercise of--Requirements--Constitutional jurisdiction of High Court being an equitable jurisdiction, High Court would not quash an order even if it was legally somewhat doubtful, provided same was in accord with equities of the case--Constitutional jurisdiction could be invoked only in aid of justice and not to perpetuate injustice. 1980 P L C 368; 1983 P L C 468 and 1982 C L C 683 ref. Muhammad Iqbal v. Chief Settlement Commissioner P L D 1965 S C 404 and Wall Muhammad v. Sakhi Muhammad P L D 1974 S C 106 rel. Ahmed Awan for Petitioner. Abdul Hamid Khan for Respondent No.l. Date of hearing: 2nd September, 1986. JUDGMENT SYED ABDUR REHMAN, J.--This Constitution 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 aside 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 one Mst. Hidayat Afroze for purchase of a plot for Rs. 8,000 and paid Rs. 2,000 to her from his own pocket and obtained the possession of the plot. The balance of Rs. 6,000 was paid by the Bank to the said vendor directly out of an amount of Rs. 20,000 which was released to the appellant by the Bank without request from him. The balance of Rs. 12,000 was also not paid to the respondent but was credited into his account in the said Bank. Mst. Afroze being a relative picked up a domestic quarrel…
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