Law: Constitution of Pakistan, 1973

Section: 199

Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 25-A & 37(3)

Constitution of Pakistan (1973)-------Art. 199---Industrial Relations Ordinance (XXIII of 1969), Ss.25-A & 37(3)---Constitutional petition---Grievance petition---Withdrawal of grievance petition with permission to file fresh one---Services of petitioners having been dispensed with, they filed grievance petition under S.25-A of Industrial Relations Ordinance, 1969---Said petition was dismissed by Labour Court as withdrawn on some technical grounds with permission to file fresh petition---On filing appeal against order of Labour Court by employers, Labour Appellate Tribunal accepted appeal with observations that grievance petition "goes" and dismissed the petition---Labour Appellate Tribunal had accepted prayer of petitioners for withdrawal of their petition, but had not accepted their prayer for institution of fresh petition in the same Court---Impugned order of Labour Appellate Tribunal was against the law whereby prayer of petitioners for withdrawal of petition with permission to file fresh petition could be accepted or rejected in toto, but could not be dismissed as withdrawn by ignoring the prayer of permission to file fresh petition---Impugned order was illegal and High Court in its Constitutional jurisdiction could strike down the same---Impugned order was set aside and grievance petition was to be deemed pending and was to decided afresh in accordance with law after affording equal opportunity of hearing to both parties. PLD 1999 SC 597; 1970 SCMR 141; 1996 SCMR 1606=1996 PLC 653; PLD 2001 SC 355; PLD 1956 (W.P.) Lah. 474; 1984 CLC 2886; PLD 1970 SC 1; PLJ 2001 Lah. 1052; Karim Gul and another v. Shahzad Gul and another 1970 SCMR 141; Moula Bakhsh v. Muhammad Zahid and another PLD 1990 SC 596 and Imtiaz Ahmad v. Ghulam Ali and others PLD 1963 SC 382 ref.Syed Asif Raza Gilani for Petitioners.Syed Safdar Imran Bukhari for Respondents.Date of hearing: 4th November, 2003.ORDER Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioners seek setting aside of the impugned order dated 21-7-2000 passed by respondent No. 1 and also pray that the grievance petition of the petitioners withdrawn on…