Law:

Section:

(a) Constitution of Pakistan (1973)---.--- ---.----Art. 199---.---Constitutional jurisdiction of High Court---.---Scope---.---High Court, under its Constitutional jurisdiction cannot act as Appellate Authority and cannot substitute its findings for the findings of fact arrived at by the competent Court/Tribunal constituted under special law who has exclusive jurisdiction to adjudicate and decide the matter---.---High Court has to see whether the /order impugned in the Constitutional petition is with or without jurisdiction and if it is found to be without jurisdiction, only then it can interfere in the matter---.---Where the petitioner had himself invoked the jurisdiction of a Special Tribunal/Court, he was estopped to challenge the jurisdiction of said Court/Tribunal in Constitutional jurisdiction. (b) Industrial Relations Ordinance (XXIII of 1969)---.--- ---.----S. 25-A---.---Misconduct---.---Dismissal from service---.---Proper enquiry had proved the employee guilty of charges and in consequence thereof he was dismissed from service---.---Employee, in his deposition before the Labour Court had unequivocally admitted that he had received the charge-sheet and inquiry notices but did not join the inquiry proceedings as such his non¬participation in the inquiry proceedings was intentional and he could not put a 'premium on his own fault of deliberate absence from the inquiry proceedings---.---Grievance notice served by the employee was also time¬ barred---.---Conclusion drawn by the Labour Court and Labour, Appellate Tribunal after considering the evidence on record, was proper and based on correct appreciation of evidence and as such impugned of the High Court to the contrary was not sustainable---.---Supreme Court converted the petition into appeal, allowed the same, set aside the of High Court and restored that of the Labour Court and Appellate Tribunal. THIS JUDGMENT DELIVERED BY: MIAN Muhammad AJMAL, JUSTICE:---.--- Leave to appeal is sought against the validity of the judgment of the Lahore High Court, Rawalpindi Bench, Rawalpindi dated 1-10-2001, whereby Writ Petition No.1720 of 1999 of respondent was allowed, the order impugned therein were declared to be…

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