Case Details

Citation(s)
1993 SLG 1151 1993 SLD 1151 1993 PLC 101
Lahore High Court
Writ Petition No. 1540 of 1992, decided on 14th July, 1992.
MALIK MUHAMMAD QAYYUM, J

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LAHORE DEVELOPMENT AUTHORITY and another

VS

MUHAMMAD YAHYA KHAN and 2 others

Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)---- ----S.O. 15(2)(3)---Constitution of Pakistan (1973), Art. 199---Misconduct--­Constitutional jurisdiction, exercise of---Tribunal came to conclusion that charge of misconduct on basis of which employee was reverted to lower post, had not been proved---Findings of Tribunal based on evidence on record and not suffering from any legal error, could not be interfered with in Constitutional jurisdiction of High Court. Ghazi M.A. Rashid and A.R. Arshad for Petitioner. Muhammad Asghar Malik for Respondent No. 1. Nemo for Respondents Nos. 2 and 3. Date of hearing: 26th May, 1992. JUDGMENT Muhammad Yahya Khan, was working as Kanungo in the Exemption Branch of Lahore Development Authority when he was proceeded against for having committed misconduct. Vide order dated 26-1-1985 he was reverted to the post of Patwari. He challenged this order of the petitioners by filing an application under section 25-A of the Industrial Relations Ordinance, 1969 which was rejected by the Punjab Labour Court on 21st August, 1991. 2. Aggrieved by this order the respondent No. 1 filed an appeal which was accepted by the Punjab Labour Appellate Tribunal, Lahore on 3rd December, 1991. 3. The first contention raised by the learned counsel for the petitioners was that neither the provisions of the Industrial Relations Ordinance, 1969 nor of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, were applicable to the workmen in the employment of the petitioners. The Labour Court had no…
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