| Citation(s) |
|---|
| 1996 SLG 285 1996 SLD 285 1996 PLC 79 |
Lahore High Court
Writ Petition No. 471 of 1988, decision dated: 23rd October, 1995, hearing DATE : 21st May, 1995
MUHAMMAD AQIL MIRZA, J
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Writ Petition No. 471 of 1988, decision dated: 23rd October, 1995, hearing DATE : 21st May, 1995
MUHAMMAD AQIL MIRZA, J
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Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Workman---Termination of services---Charge against workman was that he had secured employment with employer by production of a fake matriculation certificate---Employer on knowledge of said fact terminated services of workman---Labour Court ordered re-instatement of workman with back benefits which order was affirmed by Labour Appellate Tribunal--Validity---Fake Matriculation Certificate had in fact been produced but it was difficult to conclude that it was done by workman himself or with his knowledge---Matriculation being not the required qualification for the job offered to workman, his re-instatement ordered by Labour Court as affirmed by Labour Appellate Tribunal was unexceptionable---Concurrent finding of Labour forums based on evidence on record could not be interfered with in extraordinary jurisdiction of High Court under Art. 199 of the Constitution--Conclusions arrived at by Tribunal below were not only free from errors of jurisdiction but were otherwise just and proper---Workman was to be reinstated with full back benefits with effect from the date he was turned out of service by employer. Chairman, Pakistan Broadcasting Corporation v. Naseer Ahmed 1995 SCMR 1593 ref. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 84---Court was entitled to compare disputed signatures with admitted signatures of concerned person in terms of Art. 84, Qanun-e-Shahadat, 1984. Mst. Ummatul Waheed and others v. Mst. Nasira Kausar and others 1985 SCMR 214 and Ali Ahmad alias Ali Ahmad Mia v. The State PLD 1962 SC 102 and Abdul Ghafar v. Muhammad Sharif 1993 CLC 1779 rel. JUDGMENT This petition under Article 199 of the Constitution calls in question the orders dated 13-1-1988 and 13-3-1988, respectively passed by the learned Labour Court and the Punjab Labour Appellate Tribunal. 2. Necessary facts giving rise to this petition are that Muhammad Ashraf, respondent No.3 got employment with the petitioner company in 1984 as Technician Grade-5. He was confirmed against the said post in 1985. Subsequently in 1986, it transpired that alongwith…
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