Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------Ss. 34 & 38(3)---Constitution of Pakistan (1973), Art. 199---Termination of service--- Re-instatement---Applicability of S.34, Industrial Relations Ordinance, 1969---Employee who was initially employed as "charge hand" after subsequent promotions was holding post of "Welfare Executive" with job description of supervision and control of security and safety of staff, transport and canteen etc.---Employee who was member of a political party, participated in political agitation, was detained in jail and was convicted under Martial Law regime for nine months---Arrest of employee was intimated to employer through relative of employee, but employee neither communicated with employer nor applied for any leave or any intimation was sent to employer as to when employee would be able to join---Employer after waiting for about four months terminated services of employee with full benefits of service---Employee, after his release from jail, demanded his re­instatement through legal notice, which was refused by employer---Employee filed application under S. 34, Industrial Relations Ordinance, 1969 which was dismissed by Labour Court being not maintainable, but Labour Appellate Tribunal, allowed appeal of employee and directed employer to re­instate employee in service---Order passed by Labour Appellate Tribunal had been challenged by employer in Constitutional petition contending that order passed by Labour Appellate Tribunal was illegal, null and void because provisions of S.34 of Industrial Relations Ordinance, 1969 could only be invoked for enforcement of any pre-existing right guaranteed or secured by employee or to Bargaining Agent of workmen under any law or award or settlement, whereas order of Labour Appellate Tribunal was neither based on any statute or award or settlement---Validity---Appointment of employee was subject to one month's prior notice of termination---Said terms of appointment had led to fact that relationship between employer and employee was that of master and servant and if any right was accrued to employee that was under said appointment letter/contract to receive a month's notice in writing…

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