Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 25-A & 51---Back benefits---Awarding of---Workman was removed from service by employer on allegation that he remained absent from duty without any just cause---Workman was reinstated by Labour Court---Labour Court, however, made awarding of back benefits to be granted dependent upon the result of fresh enquiry which was ordered to be conducted by employer against workman--­Appeal filed both by workman and employer against order of Labour Court, was dismissed by Appellate Tribunal with observation that holding of fresh enquiry by employer against workman would not be necessary---Payment of back benefits to workman was made dependent upon fresh enquiry, but workman had challenged directions of Labour Court in that respect, before Appellate Tribunal while it was in workman's own interest to face enquiry---Employer could not be burdened with payment of back benefits to workman unless he was completely exonerated of charges levelled against him in enquiry. (b) Industrial Relations Ordinance (XXIH of 1969)-- ----S. 51---Constitution of Pakistan (1973), Art. 199---Constitutional jurisdiction, exercise of---Worker who was removed from service on charge of misconduct, was reinstated by Labour Court, but payment of back benefits was made dependent upon result of fresh enquiry to be held by employer---Workman, not only failed to clear himself in enquiry of charges against him, but challenged directions of Labour Court in respect of fresh enquiry---Relief sought by petitioner/workman, being purely discretionary, High Court declined to exercise such discretion in favour of workman in view of conduct of workman. Date of hearing: 9th April, 1991. . JUDGMENT MAMOON KAZI, J. ---The petitioner has called in question the decision given by the learned Labour Appellate Tribunal Sin dh dated 18-1-1987 confirming the decision of the learned Third Sindh Labour Court, Karachi reinstating the petitioner with full back benefits. 2. The facts of the case are that the petitioner was appointed by the respondent No. 3 as a "Setter" which involved manual work. During his employment the petitioner allegedly remained absent from…

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