Law: Industrial Relations Ordinance (XXIII of 1969)

Section: 25A,34,35,38

Law: Constitution of Pakistan, 1973

Section: 199

(a) Industrial Relations Ordinance (XXIII of 1969) Ss. 25 A, 34, 35 & 38 Constitution of Pakistan (1973). Art. 199 Constitutional petition Remedy against appeal Validity Petitioners filed Constitutional petition against decision of Labour Appellate Tribunal Maintainability Where law provided only one appeal, remedy by way of Constitutional petition could not be a substitute for a second appeal for the reason that same had not been provided Remedy of Constitutional petition was not available in cases where the Legislature intended to end litigation at certain stage and with such intention did not provide a forum of appeal Decision of Appellate Tribunal could not tie challenged on the ground of misappreciation or wrong conclusion Constitutional petition being not maintainable was dismissed accordingly. (b) Constitution of Pakistan (1973) Art. 199 Constitutional petition Scope Such a remedy is an extraordinary one provided for the cases where the Legislature had not provided an adequate remedy through law. (c) Industrial Relations Ordinance (XXIII of 1969) S. 38 Constitution of Pakistan (1973), Art. 199 Constitutional petition Maintainability Decision of Labour Appellate Tribunal Constitutional petition tray lie only in case where the Tribunal fails to exercise jurisdiction vested in it or where it assumes jurisdiction where it has none. JUDGMENT S.A. RABBANI, J. The petitioners were in employment of M/s. Jhonsen & Phillips (Pakistan) Limited, respondent No.3. The employer gave them a notice for retirement, which they challenged in Sindh Labour Court No.III Karachi. The employer then recalled the notice and terminated the services of the petitioners. The petitioners withdrew the petition against retirement and filed another one challenging their termination of services. The Sindh Labour Court allowed their petition and reinstated them in service but refused to give them back benefits. The decision of Sindh Labour Court was challenged before the Sindh Labour Appellate Tribunal by both the parties, relating reinstatement of the petitioner by the respondent and refusal of back benefits by the petitioners. The Sindh Labour Appellate Tribunal allowed 'the…

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