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Industrial Relations Ordinance (XXIII of 1969)-------Ss. 25-A & 38---Constitution of Pakistan (1973), Art. 199--­Constitutional petition---Grant of annual increment---Recovery of---Annual increments were allowed to employees and were received by them for a period of four years---Amounts of said increments were ordered to be recovered from employees, without serving them with any charge-sheet simply on basis of a letter issued by Authority which provided that employees who availed leave without pay for specified period, amount of increments be converted to "leave for pay of due" ---Utter in question did not state that an employee who had availed any spell of leave without pay during specified period, would not be entitled to annual increments---Letter in question was not a notified rule, but merely a letter issued in hierarchy of administration of the Authority---Order of recovery of amount of annual increments for four years was set aside by Labour Court, but Appellate Tribunal setting aside order of Labour Court, upheld order of recovery of amount issued by the Authority---Validity---Order of Appellate Tribunal passed under misconception of fact was liable to be struck down in circumstances. PLD 1976 Lah. 528 ref. Mirza Abdul Khaliq for Petitioners. Agha Taj Muhammad for Respondents Nos. 3 and 4. Dates of hearing: 6th February, 1995 and 2nd April, 1997. JUDGMENT For reasons to be recorded later, this Constitutional petition was accepted by me vide order dated 2-4-1997. Reasons for the short order are given below. 2. The relevant facts are that the petitioners in this writ petition belong to the skilled labour class working in the Loco Shops of Pakistan Railways. Mughalpura. Annual increments were allowed to the petitioners on 1-12-1983, 1-12-1984, 1-12-1985, 1-12-1986 but no increment was allowed on 1-12-1987 and instead orders were passed that the recovery should be made from them in respect of the payments of the annual increment allowed on 1-12-1983. The petitioners made grievance petition before the learned Labour Court against unlawful deduction of wages. After recording of evidence the learned Labour Court accepted the petition vide order dated…

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