Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38--Constitution of Pakistan (1973), Art. 199--Dismissal from service--Grievance petition--Appreciation of evidence is the exclusive function of Trial Court or Appellate Court--Labour Appellate Tribunal not considering evidence of witness to be sufficient to support order of dismissal--Such approach cannot be said to suffer from any jurisdictional defect--Appreciation of evidence, even if erroneous, is not a ground for interference in writ jurisdiction. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38--Constitution of Pakistan (1973), Art. 199--Dismissal from service for misconduct--Grievance petition--Respondent-employees in reply to charge-sheets found to have categorically denied allegations levelled against them by stating that they did not incite workers to go on strike--Submission of petitioner's counsel that respondents' misconduct stood proved on their own admission was not thus borne out from the record--None of the contentions raised by petitioner found to have any merit--Impugned order of Labour Appellate Tribunal, was not thus open to exception--Petition dismissed. (c) Industrial Relations, Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38--Constitution of Pakistan (1973), Art. 199--Grievance petition-­Limitation Contention that grievance petition was time-barred neither pressed before Labour Court nor raised before Labour Appellate Tribunal, held, could not be permitted to be agitated in writ proceedings. Muhammad Zaman Qureshi for Petitioner. Ch. Muhammad Akram for Respondent No. 2. Date of hearing: 26th March, 1988. JUDGMENT Facts necessary for the disposal of this constitutional petition, briefly stated, are that Muhammad Yousaf and Sardar Ali, respondents Nos. 1 and 2 herein, alongwith some others employees were charge-sheeted by the petitioner Mills on the allegation that they instigated their fellow workers to strike work and not to come on duty on 14th of August, 1984, although an agreement was arrived at between the management of the C.B.A. that there would be no holiday on the 14th of August and in lieu thereof 10-9-1984 was declared holiday…

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