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Industrial Relations Ordinance (XXIII of 1969)-------S. 25-A---Constitution of Pakistan (1973), Art. 185(3)---Order of termination of workman was set aside by Labour Court---Dismissal of appeal by Labour Appellate Tribunal---High Court, however, set aside order of reinstatement in service---Validity---Leave to appeal was granted to consider; whether Labour Appellate Tribunals having found that post in question, was available and such being finding of fact, was not open to interference in Constitutional jurisdiction of High Court particularly when same was not shown to suffer from any misreading or non-reading of evidence; whether workman's reinstatement to post in question was valid and for that reason alone of High Court could not be sustained; and whether question of competence of concerned officer to order termination of workman's service had not been attended to by High Court in its proper perspective with reference to relevant rules on the subject. Tanvir Bashir Ansari, Advocate Supreme Court with Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 30th May, 1995. ORDER ZIA MAHMOOD MIRZA, J.---Petitioner seeks leave to appeal against the judgment of the Lahore High Court, Rawalpindi Bench dated 7-11-1994 whereby Constitutional petition filed by the respondent company has been accepted and the orders of the Labour Tribunals directing the petitioner's reinstatement in service set aside. 2. Facts necessary for the disposal of this petition, briefly stated, are that the petitioner was appointed as a Driver with the respondent Company in 1967. He was later posted promoted as Transport Clerk on 5-3-1977. His services were, however, terminated vide order dated 31-8-1987 issued by the Divisional Engineer on the ground that the post of Transport Clerk had been abolished. Aggrieved of his termination, the petitioner filed a grievance petition under section 25-A of the Industrial Relations Ordinance 1969. The Labour Court after recording the evidence adduced by both the patties held, inter alia, that if it was necessary to abolish the post of Transport Clerk, the petitioner could have been reverted to his substantive post of…

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