Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969) S. 51 Recovery of money due from an employer Provision of S.51, Industrial Relations Ordinance, 1969 would not confer a substantive right of recovery of money upon a worker, but it had only sought to ensure compliance of terms of settlement, award or of Labour Courts for payment of money by stipulating that money due could be recovered as arrears of land revenue or public demand and upon proper computation be paid to a workman. (b) Constitution of Pakistan (1973) Art.199 Constitutional petition Maintainability In absence of any misreading of evidence or illegality in the order of Court below, Constitutional petition against the same was misconceived. JUDGMENT Through this petition the petitioner have called in question an order of the 4th Sindh Labour Court, Karachi, dated 15 3 1999, deciding an application under section 51 of the Industrial Relations Ordinance in favour of the respondent No.2 and directing the petitioner to pay an amount of Rs.110,153.23 to the respondent No. 2 pursuant to an order of reinstatement with back benefits, dated 7 11 1988. 2. Briefly the factual position appears to be that the petitioner/employer terminated the services of the respondent No.2 workman on 5 12 1987. The respondent assailed the termination through an application before the Labour Court under section 25 A of the I.R.O., which was allowed on 7 11 1988 and the respondent No.2 was directed to be reinstated with all back benefits. An appeal preferred by the petitioner to the Sindh Labour Appellate Tribunal was also dismissed on 17 8 1989. According to respondent, though the decision of the Appellate Tribunal had assumed finality, the petitioner did not reinstate him for four years on one pretext or the other and thereafter, he filed an Application No. 1 of 1994 under section 51 of the I.R.O., for recovery of the amount payable as a consequence of the order of reinstatement by way of a public demand or arrears of land revenue. 3. The petitioner filed written statement alleging that the orders of the reinstatement had been duly complied with, the respondent No.2 was duly reinstated and thereafter, voluntarily resigned on 30…

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