Law: Industrial Relations Ordinance (XXIII of 1969)

Section: 25A,38(3)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Industrial Relations Ordinance (XXIII of 1969) Ss. 25 A & 38(3) Constitution of Pakistan (1973), Art. 199 Constitutional petition Contract period of service Inclusion of such period in regular service Finding of fact by Labour Appellate Tribunal -Interference by High Court in its Constitutional jurisdiction Scope Employees were appointed on contract basis and after expiry of extended period of service were relieved from service on payment of leave encashment and gratuity Such employees, however, immediately after termination of their services were appointed on regular basis Plea of employees that they were entitled to be acknowledged as regular employees even during period of contract, was turned down by Labour Court but in appeal, Labour Appellate Tribunal found that employees were regular employees of employer High Court in exercise of its Constitutional jurisdiction, however, set aside of Labour Appellate Tribunal Validity Labour Appellate Tribunal after considering entire evidence of parties had determined the question of facts that employees were permanent workmen per forming duties in the establishment and that agreement entered into between employees and employer was based on mala fides to deprive employees of their lawful rights Labour Appellate Tribunal had rightly found that agreement arrived au between parties with regard to re employment was not valid in view of mandatory provisions of S.4 of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 Finding of fact of Labour Appellate Tribunal, based on due appraisal of evidence on record, was not open w challenge by High Court in exercise of its Constitutional jurisdiction, especially when it was not shown that of Labour Appellate Tribunal was without lawful authority or based on mala fides. (b) Constitution of Pakistan (1973) Art. 199 Constitutional jurisdiction Scope Constitutional petition against order/ passed by a Tribunal of exclusive jurisdiction would be competent only when it was shown that its /order was without jurisdiction or without lawful authority or it was based on no evidence at all. JUDGMENT RAJA AFRASIAB KHAN, J. To begin with, Qayyum Nawaz and…

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