Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-------S. 38(3)---Employee having secured appointment through foul and illegal means, his services were terminated and criminal case had been registered against him---Labour Court ordering re-instatement of employee awarding him half of back benefits---Validity---Criminal Court had acquitted employee of charge of forgery and fraud on purely technical ground---Acquittal of employee on technical ground did not confer on him right to remain in service and to retain appointment procured through fraud---Such grossly fraudulent and unlawful act on the part of employee ought not to have been protected or given legal cover by' Court of Law, in the manner it was done by Labour Court ---Foregery, fraud and misrepresentation exercised by employee, in getting his appointment, disentitled him to any sympathetic consideration, considered from any angle---Order of Labour Court in re­instatement of employee and awarding him half of benefits, if allowed to hold the field, would entail miscarriage of justice, amounting to giving cover to positive misdeed, therefore, same was set aside in circumstances. (b) Industrial Relations Ordinance (XXIII of 1969)-- ----Ss. 2(xxviii) & 38(3)---Appointment of employee admittedly through forgery and fraud---Even if employee was treated to be "worker" for performing his duties manually and as such considered entitled to invoke jurisdiction of Labour Court, misconduct on his part should have been the foremost consideration before Labour Court, while considering his plea that his services had been terminated illegally or unfairly by Authorities---Order of termination in question was found to be valid and legal in circumstances. (c) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 38(3)---Termination of employee's services---Employee's entitlement to relief---Employee admittedly had not come to Court with clean hands, having obtained employment in immoral, irregular and unlawful manner initially, and having, thus, been divested of secured or guaranteed right, if any, was not entitled to remain in service. (d) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 38(3)---Railway…

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