| Citation(s) |
|---|
| 2001 SLG 1844 2001 SLD 1844 2001 PLC 279 |
Lahore High Court
Writ Petition No.2127 of 1989, heard on 17-11-2000.
CH. IJAZ AHMAD, J
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Writ Petition No.2127 of 1989, heard on 17-11-2000.
CH. IJAZ AHMAD, J
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Mirza SARDAR BAIG
VS
PUNJAB LABOUR APPELLATE TRIBUNAL and 2 others
Law:
Section:
(a) Act of Court------- No body should be penalized by the act of Court. Muhammad Mansha and another's case 1999 SCMR 1782 and Mian Irs a Ali's case PLD 1975 Lah. 7 ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 25-A, 37(3) & 51---Constitution of Pakistan (1973), Art. 1.99--Constitutional petition---Back benefits, reduction of---Labour Appellate Tribunal exercising its discretion and keeping in view principles of equity, justice and fairplay, reduced back benefits of petitioner after applying its independent mind and giving reasons for the same---Validity---Labour Appellate Tribunal having discretion either to grant or refuse back benefits, High Court had no jurisdiction to substitute its own decision in place of decision of the Tribunal in exercise of its Constitutional Qadeer Ahmed's case PLD 1990 SC 787; 1999 SCMR 1573; Muhammad Bashir's case 1991 SCMR 2087; Anwar Ali Shah's case 1992 PLC 1256; Khalf Shah's case 1988 PLC 877; Habib-ur-Rehman's case 1983 PLC 1279; Muhammad Jufri's case 1986 PLC 1166; Mussadaq's case PLD 1973 Lah. 600 and PLD 1964 SC 236 ref. Mehdi Khan Chohan for Appellant. Atta-ur-Rehman for Respondent. Date of hearing: 17th November, 2000. JUDGMENT The brief facts giving rise to this writ petition are that services of the petitioners were terminated by respondents vide order, dated 15-2-1983. The petitioner being aggrieved, filed review petition before the respondents which was also dismissed vide order, dated 5-3-1983. The petitioner being aggrieved, filed petition on 4-4-1984 before Punjab Labour Court No.7, Gujranwala at Gujrat which was returned to the petitioner vide order, dated 30-7-1986. Thereafter, the petitioner filed declaratory suits against respondents in Court of S.C.J., Gujrat. The plaint was returned to the petitioner for presentation to the proper forum vide order, dated 12-9-1988. The petitioner filed grievance petition before Punjab Labour Court No.7 Gujranwala at Gujrat on 21-9-1988 alongwith application for condonation of delay. The respondents filed written statement. The grievance petition was accepted by Punjab Labour Court vide order, dated 30-9-1989. The respondents were directed to…
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