Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-------S. 25-A---Constitution of Pakistan (1973), Arts.185(3) & 199---Penalty imposed upon an employee by Appellate forum---Alternation of such penalty by High Court in constitutional jurisdiction of High Court---Scope---Supreme Court granted leave to appeal to examine such question. Pakistan Tobacco Company v. Channa Khan 1980 PLC 981 and Brig. (Retd.) F.B. Ali v. The State PLD 1975 SC 506 ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- ---S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.0.15(4)-Grievance petition by employee of Bank---Misconduct, charge of---Dismissal from service---Reinstatement in service by Labour Court without granting back-benefits to employee---Dismissal of grievance petition by Appellate Tribunal---High Court awarded penalty of stoppage of two increments in view of admission of employee regarding charge of misconduct--Validity---Impugned penalty would be inadequate in view of such admission---Supreme Court, without disturbing reinstatement of employee in service, modified impugned penalty into withholding his promotion for seven years from date of passing of order of his dismissal from service by authority. (c) Constitution of Pakistan (1973)--- ---Art. 199---Disciplinary matters and administrative functions of public organizations---Interference in such matter by High Court in exercise of its constitutional jurisdiction---Scope---Unless order passed by an authority in its discretion was capricious, arbitrary or illegal, High Court would not interfere in such matters---Departmental authority had exclusive jurisdiction to determine quantum of punishment in the light of charge and court might not substitute its decision in such matter---High Court in suitable cases might look into question of legality or otherwise of an order passed by public functionaries affecting right of a person---Principles. (d) Industrial Relations Ordinance (XXIII of 1969)--- ---S. 25-A---Expression "just and proper" as used in S.25-A(4), proviso, cl.(b) of Industrial Relations Ordinance, 1969---Meaning and scope stated. The expression "just…

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