Case Details

Citation(s)
1996 SLG 630 1996 SLD 630 1996 PLC 653
Supreme Court of Pakistan
Civil Appeal No. 752 of 1995, decision dated: 17-06-1996, hearing DATE : 6-05-1996
SAIDUZZAMAN SIDDIQUI, RAJA AFRASIAB KHAN AND MUHAMMAD BASHIR KHAN, JEHANGIRI, JJ
Maqbool Elahi Malik, Advocate Supreme Court with Khawaja Mushtaq Ahmad, Advocate-on-Record (absent) for Appellant Mian Abdul Rashid, Advocate Supreme Court Nos. 1 and 2. Nemo Nos.3 and 4

HUMAYUN BADSHAH

VS

HABIB BANK LIMITED and 3 others HUMAYUN BADSHAH Vs HABIB BANK LIMITED and 3 others

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Habib Bank Limited (Staff) Service Rules, 1981, R.6--­Constitution of Pakistan (1973), Art. 185 (3)---Employee of Bank found guilty of fraud, misappropriation of Bank money and dishonesty, was dismissed from service---Labour Court ordered reinstatement of employee with back benefits--­Labour Appellate Tribunal maintained order of reinstatement of employee but found him not entitled to back benefits---High Court in Constitutional jurisdiction set aside orders of Labour Court and Labour Appellate Tribunal and order of dismissal of employee was 'maintained--- Validity---Leave to appeal was granted to consider; whether High Court was justified to interfere with concurrent findings of fact recorded by Tribunals of exclusive jurisdiction after proper appraisal of all relevant material on record, particularly when findings were not shown to suffer from misreading of any material evidence; whether High Court while exercising Constitutional jurisdiction could re-appraise evidence and record its own findings which could only be done in appellate jurisdiction; and if High Court was of the view that some material evidence had not been considered by Courts below which had vitiative effect on findings recorded by them, then only proper course was to remand the case to Courts below for recording fresh findings after considering material earlier omitted. Muhammad Hussain Munir v. Sikandar and others PLD 1974 SC 139; Messrs A.E.G. Pakistan (Pvt.) Limited v. Sindh Labour Appellate Tribunal, Karachi 1989 PLC 525 and Habib Bank Ltd. v. Punjab Labour Appellate Tribunal and others 1991 PLC 2 ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S.25-A---Habib Bank Limited (Staff) Service Rules, 1981, R.6---Efficiency and Discipline (Bank and Financial Institutions) Rules, 1975, Rr. 4 to 6--­Constitution of Pakistan (1973), Art. 199---Constitutional jurisdiction of High Court in setting aside s of Tribunal of exclusive jurisdiction---Scope of---High Court in exercise of its Constitutional jurisdiction could have annulled orders of Labour Appellate Tribunal if it had reached the conclusion that those orders…
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