Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) Ss. 2 (xxviii), 25 A & 38 West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S.O. 15(3) Constitution of Pakistan (1973), Art: 199 Constitutional petition -Dismissal from service Grievance petition, maintainability of Workman, determination of Grievance petition filed by petitioner against order of his dismissal from service on allegation of misconduct, was accepted by Labour Court, but was dismissed by Labour Appellate Tribunal holding that petitioner was not a "workman" and that forum for petitioner to challenge order of dismissal was riot the Labour Court Petitioner was proceeded against under S.O. 15(3) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 which was applicable to "workman" Factory Manager had also certified petitioner as workman in allotment order of residential plot in a scheme in which only the workmen were eligible Labour Court, in circumstances, had rightly found the petitioner as "workman" Labour Court as well as Labour Appellate Tribunal had concurrently found that allegations of misconduct, against petitioner had not been proved Labour Court, in circumstances, had rightly ordered reinstatement of petitioner and of Labour Appellate Tribunal whereby grievance petition of petitioner was dismissed for want of jurisdiction, ' was declared illegal by the High Court. Emirates Bank International and another v. Rana Zahid Iqbal and 2 others 1999 PLC 302; The President, Habib Bank Limited, Karachi and 3 others v. Syed Shafqat Hussain Shakir 1998 PLC 390; Messrs Allied Bank of Pakistan, Karachi and 3 others v. Abdul Karim 1993 PLC 412; Zia Ahmad Makhdoom v. Pak Suzuki Motor Company Ltd. 1991 PLC 145; Muhammad Fazil v. The General Manager, Faisalabad Serena Hotel, Faislabad and 2 others 1999 PLC 307; Government of ,Pakistan and another v. Furqan Ahmad Qureshi 1988 SCMR.623 and Mustehkum Cement Limited through Managing Director v. Abdul Rashid and others 1998 SCMR 644 ref. S.M. Zaman for Petitioner AND Muhammad Zaman Qureshi for Respondents. Date of hearing: 19th December, 2000. JUDGMENT The petitioner who was a Head Fitter…

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