| Citation(s) |
|---|
| 2001 SLG 2385 2001 SLD 2385 2001 CLC 548 |
Sindh High Court
Constitutional Petition No. 1036-D and Civil Miscellaneous Application No.2097 of 2000, decision dated: 15-11-2000
MUHAMMAD ROSHAN ESSANI AND MUHAMMAD ASHRAF LEGHARI, JJ
S. Manzar Alain for Petitioner
Constitutional Petition No. 1036-D and Civil Miscellaneous Application No.2097 of 2000, decision dated: 15-11-2000
MUHAMMAD ROSHAN ESSANI AND MUHAMMAD ASHRAF LEGHARI, JJ
S. Manzar Alain for Petitioner
REHMAT ALI
VS
MUSLIM COMMERCIAL BANK LTD. and others
Law:
Section:
Constitution of Pakistan (1973)-------Art. 199---Constitutional jurisdiction of High Court---Scope---Concurrent findings of Courts below could only be disturbed in Constitutional jurisdiction of High Court when patent illegality was in the order of Court or Court had acted without jurisdiction. ORDER MUHAMMAD ROSHAN ESSANI, J.--- By this Constitutional petition, the petitioner Rehman Ali has sought following relief:-- (a) To declare order/decision passed by the respondents 4 and 5 as void and the same are liable to be set aside. (b) That it may further be declared that Sindh Labour Court No. VII, Sukkur has jurisdiction to entertain and proceed the grievance petition of petitioner as the dismissal order dated 3-9-2000 communicated by the respondent No.3 is actually passed by the respondent No.2 being the competent authority having its Circle Office at Sukkur. (c) Cost of the petition. (d) Any other relief which this Honourable Court deems fit under the circumstances of the case. The brief facts as disclosed in the petition are that the petitioner was appointed as Guard in the year 1993 and promoted as Cashier in the year 1994. Lastly he was working at Sadiqabad Punjab. The respondent No.3 sought explanation from the petitioner through the letter, dated 28-7-1999 with, regard to the embezzlement of Rs.50,000, which were found short in the cash. After receipt of explanation, enquiry was ordered, with the result the petitioner was dismissed by order, dated 3-9-1999 passed by respondent No.3. Against the order of dismissal grievance notice as envisaged under section 25-A of the Industrial Relations Ordinance, 1969 was served upon the competent authority i.e. respondent No.2 but no reply was sent therefore, the petitioner filed grievance petition before the Sindh Labour Court No.VII, Sukkur, which was dismissed in limine by order, dated 3-3-2000. The petitioner being aggrieved by the order of Sindh Labour Court No.VII, Sukkur preferred revision application under section 38(3-A) of Industrial Relations Ordinance, 1969. The revision application was also dismissed on 21-10-2000. I have heard Mr. S. Manzar Alain learned counsel on behalf of the petitioner and perused…
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