Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)------- Ss 22-A (8)(b) & 25-A --- Constitution of Pakistan (1973), Art. 199--- Constitutional petition --- Dismissal from service --- Re-instatement --- Employee on who was dismissed from service, filed grievance petition before Labour Court against his dismissal---During pendency of grievance petition, employee filed another petition under S. 22-A(8)(b) of Industrial Relations Ordinance, 1969 before National Industrial Relations Commission--­Member, National Industrial Relations Commission in a slipshod and perfunctory manner, and without recording any justifiable reason, ordered reinstatement of employee---Member, National Industrial Relations Commission not only had failed to take notice that parallel proceedings under S.25-A of Industrial Relations Ordinance, 1969 were pending before another Court of competent jurisdiction, but also failed to show any exceptional circumstances for grant of final and complete relief of reinstatement of employee in service---Mechanical fashion in which order re-instating employee was passed without any justifiable grounds, could not be treated to be a judicious exercise of power by Member, National Industrial Relations Commission---Such practice of summary disposal of matter with perfunctory order was deprecated---Order. re-instating employee in service passed by National Industrial Relations Commission, was declared to be illegal, in circumstances. Allied Bank of Pakistan Ltd. and 3 others v. Chairman, N.I.R.C. and 4 others 1984 PLC 1342; Mollah Ejaher Ali v. Government of East Pakistan and others PLD 1970 SC 173; Delhi Chowk and General Mills Co. Ltd. v. Shri Rameshwar Dayal and another AIR 1961 SC 689 and Federation of Pakistan through Secretary, Finance, Islamabad v. Abdur Rehman and others 1995 SCMR 6 ref. Ch. Altaf Hussain for Petitioner. Shabbir Ahmad Bhutta for Respondent No. 2 Date of hearing: 24th September, 1997 JUDGMENT The respondent No. 2 while posted as Bank Guard, Habib Bank Limited, Circle Office, Bahawalpur, was prosecuted, convicted and sentenced by the Court under Offences in Banks (Special Courts) Ordinance, 1984 in case F.I.R. No. 7293, dated 25-11-1993,…

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