Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 25-A, 36 & 38---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S.O. 15(3)(b)---Constitution of Pakistan (1973), Art. 199---Constitutional jurisdiction, exercise of---Finding on question of fact consistently upheld by Labour Court as well as Labour Appellate Tribunal, held, could not be interfered with by High Court in exercise of Constitutional jurisdiction. Islamabad Club v. Punjab Labour Court No. II P L D 1980 SC 307; Smith Kline & French (Pakistan) Ltd. v. A. Rashid Pal and another PLD 1979 Kar. 212 and Mst. Khair-ul-Nisa and 6 others v. Malik Muhammad Ishaque and 2 others P L D 1972 SC 25 ref. Date of hearing: 12th February, 1991. JUDGMENT SYED ABDUL RAHMAN, J.--This is a petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. 2: The petitioner was employed as a Machinist in the cigarette factory of the respondent No. 3 at Karachi. On 11-11-1981 at about 3.50 p.m., while he was going out of the factory through its Railway Gate, he was searched, whereupon nine loose cigarettes of p. g. and one plate of G.I. sheet were recovered from his possession. Thereupon, a report was prepared, and statement of the petitioner was obtained in writing concerning the incident. In his statement the petitioner admitted that both the articles were recovered from him. A charge-sheet was issued to the petitioner charging him with theft and dishonesty in connection with the employer's business or property. The petitioner replied to the charge-sheet where upon an enquiry was held by the Enquiry Officer and the petitioner was held guilty of misconduct under Standing Orders 15(3)(b) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. Consequent upon the said finding the Factory Manager dismissed the petitioner from service with effect from 21-11-1981. Being dissatisfied with the dismissal the petitioner filed petition under section 25-A of the I.R.O., 1969 before the Labour Court which was dismissed. Being aggrieved by the order of the Labour Court, the petitioner filed an appeal before the Labour…

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