Case Details

Citation(s)
1989 SLG 765 1989 SLD 765 1989 SCMR 806 1989 SLD 1321 1989 SCMR 806
Supreme Court of Pakistan
Constitutional Petitions Nos.10-R and 11-R of 1988, decision dated: 20-12-1988
NASIM HASAN SHAH AND GHULAM MUJADDID, JJ

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KHURSHID AHMAD and another

VS

LABOUR COURT and others

Law: Constitution of Pakistan, 1973

Section: 185(3)

Constitution of Pakistan (1973)--Art.185(3)--Employees dismissed on charge of misappropriation of employer's property--Dismissal order challenged before Labour Court and Labour Appellate Court, but without any success--Employees' Constitutional petition against their dismissal also dismissed for lack of jurisdiction--High Court's order, impugned on the ground that there were decisions of Supreme Court in favour of petitioners regarding question of jurisdiction but there was difference of opinion, and therefore, such matter calls for authoritative pronouncement by Supreme Court-­Substantial question of law of public importance being involved in petitions, leave to appeal was granted. Mian Tariq Mahmood, Advocate Supreme Court and Ghulam Dastgir, Advocate-on-Record for Petitioners (in both petitions). Nemo for Respondents. Date of hearing: 20th December, 1988. ORDER GHULAM MUJADDID, J.--Khurshid Ahmad and Khuda Bakhsh have filed two separate petitions for leave to appeal against the order of the Lahore High Court, Rawalpindi Bench. The former was working as Clerk in Attock Refinery and the latter as Pump-man. Both were dismissed from service having been found to be guilty of misappropriation of the company's property. They challenged their dismissal before the Labour Court but did not succeed. Their appeal also failed. Then they resorted to the Constitutional jurisdiction of the Lahore High Court. Their petitions…
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