Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)------S. 25-A ---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.11-A & S.O. 12(1)(3)---Grievance petition---Termination of service of workers in pursuance of retrenchment order passed by Labour Court---Employer's plea that petitioners were entitled to one month's notice pay and not reinstatement in service---Validity--Provisions of S.O.12(1) & (3) of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 were independent from each other---Removal from service on basis of retrenchment order would not stop petitioner from agitating their grievance against termination before Labour Court following procedure laid down under S.25-A of Industrial Relations Ordinance, 1969---Worker having attained status of a permanent workman would be free to express his grievance against illegal termination --- Petitioners were reinstated in service in circumstances. (b) Constitution of Pakistan (1973)--- ---Art. 185(3)---Factual question could not be reconsidered or agitated in exercise of constitutional jurisdiction of Supreme Court. Syed Haider Ali Pirzada, Senior Advocate Supreme Court, Ahmedullah Farooqi, Advocate-on-Record, Munawar A. Malik, Chairman, Asif A. Mufti, Director Finance for Petitioners. Khawaja Mubashir Zubair Shaheen Qaiser for Workers. Date of hearing: 18th May, 2010. JUDGMENT IFTIKHAR MUHAMMAD CHAUDHRY, C.J.- Listed appeals have been filed against the judgment dated 12-9-2007 under Article 185(2)(e) of the Constitution whereas in Civil Petitions leave to appeal has been prayed under Article 185(3) of the Constitution of Islamic Republic of Pakistan. It is to be noted that Liaqat Muhammad and Syed Riaz Ahmed, petitioners in C.Ps. Nos.633-K of 2007 and 640-K of 2007 respectively have expired on account of cancer on 9th January, 2010 and 30th April, 2010 respectively as it has been informed by Khawaja Muhammad Zubair, who himself is a petitioner in Civil Petition No.637-K of 2007 and respondent in Civil Appeal No.1759 of 2007. 2. The dispute between the parties is coming up for adjudication before this Court in second round of litigation. In the first phase…

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