Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A---Grievance, adjudication of---Jurisdiction of Labour Court---Labour Court, in adjudicating and determining a grievance, could go into all the facts of the case and pass such orders as might be just and proper-- -Jurisdiction of Labour Court to go behind a dismissal order and to see for itself as to whether on facts and in the circumstances of the case same is justified or not, both on merits as also, in law, is unquestionable. Punjab Road Transport Board v. Punjab Labour Court No. 2 1976 P L C 392 and Pakistan Tobacco Co. Ltd. v. Channan Khan 1980 P L C 981 ref. Crescent Jute Products Ltd. v. Muhammad Yaqub P L D 1978 S C 207; Inspector-General of Police v. Muhammad Farid 1983 S C M R 242 and Yamin Qureshi v. Islamic Republic of Pakistan and another P L D 1980 S C 22 rel. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)---Finding of fact recorded by Labour Appellate Tribunal that employee was not guilty of misappropriation, but only of omission to follow the establishment's instructions, and on that basis setting aside punishment of dismissal, cannot be treated as without lawful authority. (c) Allied Bank of Pakistan Ltd. (Staff) Service Rules, 1981-- ---Rr. 15 & 17---Violation of a rule per se does not amount to misconduct so as to entail the major penalty of dismissal from service. Pakistan International Airlines Corporation, Karachi v. Junior Labour Court No. IV, Karachi P L D 1978 S C 239 rel. (d) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)---Constitution of Pakistan (1973), Art. 199---Dismissal of employee on charge of misconduct---Powers of Labour Court and Labour Appellate Tribunal under provisions of Ss. 25-A & 38(3) of Industrial Relations Ordinance stated-- The Labour Court has wide powers under section 25-A of the Industrial Relations Ordinance, 1909. A duty is cast on it to go into all the facts of the case and pass such order as may be just and proper in the circumstances of the case. An appeal is in continuation of the original trial before the Labour Court and the Labour Appellate Tribunal is competent to pass, under…

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