Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 25-A & 35---Constitution of Pakistan (1973), Art: 199---Constitutional petition---Dismissal from service---Jurisdiction of Labour Court---Award of back benefits---Labour Court and Appellate Tribunal after taking into consideration enquiry report as well as evidence produced by parties, concluded that accusation of employee on basis of which he was dismissed from service, could not sustain---Employer had not been able to point out that standard of proof applied by Labour Court-was not one permissible under law---Labour Court was empowered to evaluate evidence against dismissed employee in order to determine as to whether it was sufficient to sustain allegation against employee---High Court in exercise of Constitutional jurisdiction refused to re­ evaluate evidence and to give finding on facts contrary to concurrent finding of Courts below and also refused to interfere in the award of back benefits to employee by the Labour Courts since employee had specifically stated that he remained jobless during the relevant period and the employer had failed to rebut that claim. Punjab Road Transport Board v. Fazle Ellahi, PLD 1376 Lah.1414 and Muhammad Bashir v. PLAT 1991 SCMR 2087 ref. ORDER NASIR-UL-MULK, J.---Pearl Continental Hotel, Peshawar have filed this Constitutional petition to challenge the judgment and orders of the Labour Court, Peshawar, dated 7-6-1994 whereby respondent No.3, Anwar Baig, Security Assistant of the Hotel was reinstated after his dismissal from service, and the judgment .and orders dated 30-4-1995 of the Labour Appellate Tribunal N.-W F .P., Peshawar dismissing the appeal of the petitioner, Respondent No. 3 hid been dismissed from service after he was found to have committed the theft of some nuts from the Hotel by the Enquiry Officer nominated by the Hotel Management to hold an enquiry into the allegation. The learned counsel for the petitioner was heard at length in motion. He advanced two-fold arguments; firstly, that the Labour Court as well as Appellate Tribunal had wrongly applied the standard of proof required to establish a criminal charge, in order to determine as to whether…

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