Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 15---Rule of consistency ---Violation--­Dismissal from service---Grievance petition filed by employees against their dismissal from service on charge of misconduct having been dismissed by Labour Court, both employees filed their appeals against of Labour Court----Appeal filed by co-employee was accepted by Labour Appellate Tribunal and he was directed to be re-instated with full back benefits, whereas appeal of employee which though was filed alongwith appeal of co-employee, was not kept connected with appeal of co-employee---Decision of Labour Court though as a whole was set aside by Labour Appellate Tribunal, but relief was granted only to co-employee and appeal of said employee remained pending--­Case of both employees arose from the same transaction and with same facts and it had not been shown as to how case of employee could be distinguished from that of co-employee---Since order passed by Labour Court in respect of grievance petitions of both employees had been set aside by Appellate Tribunal, it could not be restored for the case of employee---Judgment of Appellate Tribunal, thus would govern both cases including that of employee because decision of Labour Court as a whole had been set aside and employee could also be re-instated with full back benefits like co-employee. DECISION Pervez Iqbal and Shahnawaz, workers of National Motors Ltd., Karachi, were charged with misconduct as they had entered the Canteen and insisted for the lunch being served to them at 12-00 noon instead of the appointed time of 12-30 p.m. They had exchanged hot words with the Canteen Manager and this had resulted in a row, creating problem for the management. Both these workers were charge-sheeted and dismissed from service. They filed their grievance petitions before Labour Court No. 2 at Karachi and their petitions were rejected and dismissal was upheld. 2. The case of petitioner Pervez Iqbal was that at the relevant time he was undergoing treatment and was getting drip at the Hospital. The other petitioner Shahnawaz…

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