Law:

Section:

West Pakistan Industrial Disputes Ordinance (IV of 1968)--- ----S. 38---Constitution of Pakistan (1973), Art. 199---Workman---Dismissal from service for misconduct----about Court and Labour Appellate Tribunal ordering reinstatement of workman on the ground that disputes concerning workman and the establishment being already pending, permission of Conciliation Officer or of Labour Court was required for proceeding against workman and no such permission having been sought or granted, proceedings for misconduct against him were not warranted---Validity---Mere finding that disputes concerning workman were pending was not sufficient for jurisdictional fact required to be determined was that misconduct or default or dereliction of duty for which dismissal of workman took place was connected with the dispute that was pending---Labour Appellate Tribunal had not recorded necessary determination so as to hold that workman's complaint under S.38 was maintainable---Orders of Labour forums reinstating workman on such ground were thus, declared to have been passed without lawful authority and were of no legal effect. Iqbal Haider Zaidi for Petitioner. Irshad Ahmad Qureshi for Respondents. Date of hearing: 24th April, 1993. JUDGMENT The brief facts of the case are that Muhammad Islam, respondent No. 3, while working as a Conductor of Bus No. 6706 on route No. 8 on 26-5-1968 charged fair from three passengers but did not issue them the tickets and as such pocketed the money. This matter was reported by the passengers to the checking party which called upon Muhammad Islam to give his explanation. Respondent No. 3 refused to offer any explanation. The proper charge-sheet was served and disciplinary proceedings which were not later attended to by Muhammad Islam were held. He was served with a show-cause notice and after affording opportunity of personal hearing the District Manager dismissed him from service vide order dated 20-8-1968. Muhammad Islam, respondent No. 3, challenged this dismissal by filing an application under section 38 of West Pakistan Industrial Disputes Ordinance, 1968 before the Labour Court which vide its award dated 16-5-1970 accepted the application and…

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