Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Workman---No evidence was produced by Employer before Labour Court to establish as to what was the nature of duties of employee---In absence of any evidence regarding duties which employee was performing employer, held, could not be allowed to argue that employee was not a workman or that findings recorded by Tribunals below were incorrect---Employer being in possession of entire record of duties of employee, from its non-production in evidence, a presumption could safely be raised that if produced, it would not have supported employer in its contention that employee was not a workman. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A---Reinstatement---Workman was given benefit of doubt and acquitted in criminal case and reinstated into service---Workman, held, could not be deprived of consequential benefits for period he remained suspended merely because acquittal was not honourable or that it was based on benefit of doubt. (c) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A---Constitution of Pakistan (1973), Art. 199---Workman had been retired from service on having attained age of superannuation and was allowed nominal amount on retirement after he had been dragged in litigation for long when a criminal case was registered against him in which he was acquitted-­Interference declined by High Court in exercise of Constitutional jurisdiction. JUDGMENT In this Constitutional petition the petitioner has brought under challenge the order dated 9-12-1986 passed by respondent No. 2, accepting the appeal of respondent No. 1 and also order dated 20-7-1986 passed by respondent No. 3 holding that respondent No. 1 was a workman. 2. The facts giving rise to this writ petition briefly stated are that respondent No. 1 who was employee of the Provincial Government in Electricity Department, in the year 1959 was transferred to WAPDA alongwith other employees of the said Department. According to the case of the petitioners respondent No. 1 was on deputation with WAPDA and continued to be a civil servant as he was not appointed by the WAPDA under section 17 of the WAPDA Act. Respondent…

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