Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)Ss. 25A & 38Constitution of Pakistan (1973), Art. 199Constitutional jurisdictionExercise ofChargesheet issued by employers on allegation of theft was challenged by employee by filing grievance petition mainly on ground that chargesheet was timebarredGrievance petition of employee was dismissed by Labour Court holding that allegation of theft was known to the employee within statutory period of one month and chargesheet was not time­-barred as allegedOn filing appeal against dismissal order of Trial Court, Labour Appellate Tribunal erroneously assumed that it was a case of dismissal from service and that appeal before him was directed against dismissal of employee's grievance petition for reinstatement in serviceTribunal on such presumption proceeded to deal with case on merits and recorded finding of fact that charge of theft against employee was establishedOn question of chargesheet Tribunal found that it was timebarred and accepted appeal of employee and because of erroneous assumption, directed that employee be reinstated in serviceEmployer feeling aggrieved, filed Constitutional petition which was admitted to regular hearing and operation of order of Tribunal was suspended by High CourtOwing to suspension of Tribunal's order, Departmental enquiry against employee was finalized and his services were terminated by employerEmployee challenged such termination filing fresh grievance petition and also moved an application before High Court praying that since a limited question as to whether chargesheet was timebarred or not, was involved in Constitutional petition and as case was pending before Court below for adjudication on merits, Constitutional petition be dismissed with direction to parties to contest case before Court below on merits­Grievance petition filed by employee against his removal being still pending before Court below, High Court found that it would not be appropriate for High Court to proceed to determine limited question in Constitutional petition whether chargesheet was timebarred or not while main controversy was pending adjudication before Court belowCase of petitioner/employer was not fit…

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