Law:

Section:

(a) Constitution of Pakistan (1973)-- ----Art. 199---Constitutional jurisdiction exercise of---Jurisdiction of High Court under Art. 199 being an equitable jurisdiction, High Court in a proper case could refuse to grant relief to petitioner, even if it was found that legally his stand was Correct. Zonal Chief, Muslim Commercial Bank Ltd. v. Ubedullah 1987 P L C 462 and Wali Muhammad v. Sakhi Muhammad P L D 1974 S C 106 ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 25-A, 35 & 38---Appellate Tribunal accepting appeal of workman against order of Labour Court, set aside order of Labour Court according to which grievance petition of workman against his dismissal was dismissed and workman was directed to be reinstated with 50% of back benefits---Workman, who had withdrawn from Court amount of 50% back benefits awarded to him by Tribunal and also retirement benefits, had retired during pendency of Constitutional petition filed by employer against order of Tribunal---High Court if came to conclusion that order of Tribunal was not legally correct and was liable to be set aside, employer/petitioner would not get any further benefit so far as continuance in service of workman was concerned, because workman had already stood retired and relieved of his job---Would be cruel to and cause unbearable hardship to workman and would be against dictates of good conscience to get from him back benefits and retirement benefits received by him. Ch. Rashid for Respondent No.2. Ikram Siddique for Surety. Date of hearing: 18th March, 1991. JUDGMENT This is a petition under Article 199 of the Constitution of Islamic Republic of Pakistan. 2. Respondent No. 2 Abdul Rasheed Khan was working in M/s. Pak Suzuki Motor Company Ltd. as Senior Assistant in the Accounts Department. On 27-3-1984 he is alleged to have met with an. accident sustaining fracture in his leg. He was admitted in Central Hospital, Karachi which was on the panel of the petitioner. He remained there as indoor patient upto 22-4-1984, when he was discharged. Respondent No. 2 claims that he was not fully cured and was not able to move normally. He therefore requested the hospital authorities to provide…

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