1988 PLP 567 (SCMR)

S.A.NUSRAT, J.--The above petitions arise out of common judgment dated 22-9-1984 passed by a learned Single Judge out of the Sind High Court on two Constitution Petitions Nos. D-304 and D-574 of 1981. Some other petitions were also heard and disposed of by the same judgment. 2. The petitioners are workmen who were in the employment of respondent No.2 allegedly for a number of years. Petitioner Aley Nabi was a General Secretary of the union while the other petitioners are said to be acting members of the committee of the said union. The union is registered and is a collective bargaining agent of the workers employed with the respondent No.2. 3. The services of the petitioners having been dispensed with by respondent No.2, they first served notices as required under section 25-A of the Industrial Relations Ordinance, 1969 and having received no reply took the matter to the Sind Labour Court at Karachi. Their applications under section 25-A of the Ordinance were heard together and disposed of by an order dated 3-8-1980. The applications were accepted and the orders of termination from services were set aside and the respondent No.2 was directed to reinstate the petitioners with full back benefits. This order was challenged by the respondent No.2 by means of separate appeals before the Sind Labour Appellate Tribunal which were allowed by a common order dated 16-2-1981. The petitioners thereupon filed Constitution Petitions in the High Court challenging the order of the Sind Labour Appellate Tribunal which were dismissed as per impugned judgment. 4. The main contention raised before the High Court was whether an order passed by Labour Court in respect of rights granted under Standing Order No.12(3) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 was final or the aggrieved persons were entitled to avail the remedy of appeal against such order under section 37(3) of the Industrial Relations Ordinance. After elaborate discussion the learned High Court came to the conclusion that the appeals of the respondent No.2 were competent and the Constitution Petitions were, therefore, dismissed. 5. It was contended by Mr. Ali Akbar, learned counsel for the petitioners that leave to appeal has already been granted by this, Court in C.P.S.L.A. No.64-R of 1979 decided on 26-3-1979, to examine the same question which has been decided by the learned High Court. The decision of this Court is reported as Shahzada K . A . K . Afridi v . Pakistan International Airlines Corporation Karachi 1982 S C M R 167. The appeal arising out of the above petition is reported to be still pending and has not been decided. Since the same question is under examination before this Court in another petition, leave is accordingly granted in these petitions also. M.I./A-164/S Leave granted.