| Citation(s) |
|---|
| 2001 SLG 2184 2001 SLD 2184 2001 PLC 350 |
Lahore High Court
Writ Petition No. 7971 of 1989 and Civil Miscellaneous No. l of 2000, heard on 8-12-2000.
CH. IJAZ AHMAD, J
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Writ Petition No. 7971 of 1989 and Civil Miscellaneous No. l of 2000, heard on 8-12-2000.
CH. IJAZ AHMAD, J
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WALLYIAT ALI
VS
THE PUNJAB LABOUR APPELLATE TRIBUNAL, LAHORE and 2 others
Law:
Section:
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S.O.12(3) Industrial Relations Ordinance (XXIII of 1969', S.25 A Constitution of Pakistan (1973), Art.199 Constitutional petition Grievance petition, dismissal of Failure to decide the matter without discussing evidence on record Petitioner was terminated on the charge of misappropriation Grievance petition was dismissed by Labour Court and appeal against the same was also dismissed by Labour Appellate Tribunal Validity Appellate Tribunal had decided the matter without adverting to S.O.12(3) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, and did not discuss the evidence on record Appellate Tribunal having failed to decide the controversy between the parties without reasons which was its duty and obligation and had also not properly appreciated the evidence on record, of the Labour Appellate Tribunal was not sustainable in law Case was remanded to the Tribunal for decision afresh. Mollah Ejahar Ali's case PLD 1970 SC 173 fol. Agricultural Engineer and others v. Abdul Razzak and others 1992 PLC 918; Guftar Shah's case 1974 PLC 205; Dost Muhammad Cotton Mills Ltd.'s case PLD 1975 Kar. 312; Abdul Shakoor's case 1990 PLC 706; Hadait Ali and 11 others' case 1988 PLC 582; Muhammad Rafiq's case 1984 PLC 1169; Messrs Allied Bank of Pakistan Ltd.'s case 1992 PLC 462; . Alamgir's case 1993 SCMR 603; Muhammad Siddique's case PLD 1974 SC 393 and Ghulam Mohy ud Din's case PLD 1964 SC 829 ref. Ch. Shabbir Ahmed for Appellant AND Nemo for Respondents. Date of hearing: 8th December, 2000. JUDGMENT "Brief facts out of which the present writ petition arises are that the petitioner was appointed as a operator by the respondents in January. 1970. Respondents sent a show cause notice qua the misappropriation of Diesel to the petitioner on 21 2 1987. Petitioner submitted reply of the notice controverted the allegations levelled in the notice on 7 3 1987. Petitioner sent grievance notice to respondent No.3 on 15 4 1987 and thereafter petitioner tiled grievance petition before the Punjab Labour Court No. l Lahore. The respondents filed reply…
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