Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)Ss.12 & 13 Industrial Relations Ordinance (XXIII of 1969), S.25 A Constitution of Pakistan (1973), Art. 199 Constitutional petition Grievance petition Termination from service Concurrent findings of facts by two forums below Principle of "last come, first go " Applicability Service of employee was terminated without applying the principle of "last come, first go" Pick and choose at random was made and person junior to the employee had been retained Labour Court as well as the Labour Appellate Tribunal decided the matter in favour of the employee and reinstated him in service Concurrent findings of facts recorded by two Tribunals below were based on proper appreciation of evidence which had come on record Where there was no misreading or non reading of any material piece of evidence which could nullify the efficacy of the findings, High Court refused to interfere with such concurrent findings of the Tribunals below Constitutional petition was dismissed in circumstances. WAPDA and others v. Khanimullah and others 2000 SCMR 879 distinguished. Qayyum Nawaz and 9 others v. N. W.F.P. Small Industries Development Board, Peshawar through Managing Director, Kohat Road, Peshawar and 4 others 1999 SCMR 2331. ref. (b) Constitution of Pakistan (1973) Art.199 Civil Procedure Code (V of 1908), 0.1; Rr. 1 & 3 Constitutional petition Necessary party' to proceedings Where a person was not party before the lower forum, .the same could not be impleaded as party in Constitutional petition. Yousaf Ali v. Fazal Muhammad Malik and 3 others 1970 SCMR 681 ref. Azam Nazir Tarar for Appellants. Malik Amjad Pervez for Respondents. Date of hearing: 18th September, 2000 JUDGMENT Respondent No.3 was appointed as Clerk on 19 2 1996 by the Punjab Provincial Cooperatives . Bank Limited on temporary basis. He continued as such in service when on 2 4 1998, he was issued notice for termination by the Zonal Chief of the Bank. After giving grievance notice, he filed petition before the Punjab Labour Court No.VII, Gujranwala in which the parties produced evidence, on the perusal of which, learned…

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