Law:

Section:

(a) Constitution of Pakistan (1956)----Art. 161-Review-Peti­tion for review of order rejecting petition for special leave to appeal from order of Industrial Court- Petition for review dismissed by Supreme Court (after discussion of facts). (b) Expungement---Passage, in order of Industrial Court, based on "plenty" of material and "germane" to discussion of question before Court-Prayer for expungement declined by Supreme Court­ [Whether writ of certiorari available for getting passages expunged from orders of subordinate tribunals (Qusere)]-Constitution of Pakistan (1956), Art. 170. JUDGMENT CORNELIUS, C. J.------This order will dispose of two petitions by the Sui Gas Transmission Co. Ltd., viz:-- Review Petition No. K-3 of 1962, and Writ Petition No. K-1 of 1962, in both of which, the respondents are four workmen of the Company with whom is joined the Chairman of the Central Industrial Court at Karachi. Both arise out of a decision by the said Industrial Court refusing an application by the Company for permission to dismiss the aforesaid workmen. A petition was filed in this Court, for special leave to appeal against the said decision, which was dismissed on the 12th February 1962. The application to the Industrial Court was instituted on the 14th February 1961. It was founded mainly on the ground that the local authorities had made orders of externment of the work­men in question from the area at Sui where they were employed, as under, viz :- (1) Under section 36, Frontier Crimes Regulation, "until further orders"; and (2) Under section 5, West Pakistan Maintenance of Public Order Ordinance, for a period of 3 months. The Company pleaded that in the face of these orders, they could not allow the workers to resume their duties, but they added that they would not "like to continue to employ them" at Sui or at any other place "in view of the apprehended breach of peace and the resultant loss to human life and property which may become Inevitable at Sul due to the presence of the respondents." The externment orders set out, with respect to each of the work­man, that (a) he "has been or is about to be dismissed, removed or discharged from service by the aforesaid…

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