2003 PLP 414 (PLC)
PUBLIC WORKS DEPARTMENT GOVERNMENT OF PUNJAB, LAHORE and others Versus NATIONAL INDUSTRIAL RELATIONS COMMISSION and another
| Citation | 2003 PLP 414 (PLC) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Tanvir Ahmed Khan and Khalil-ur-Rehman Ramday, JJ |
| Parties | PUBLIC WORKS DEPARTMENT GOVERNMENT OF PUNJAB, LAHORE and others Versus NATIONAL INDUSTRIAL RELATIONS COMMISSION and another |
| Primary Law | Industrial Relations Ordinance (XXIII of 1969) |
Q1: What are the key laws and sections cited in 2003 PLP 414 (PLC)?
This judgment primarily cites: Industrial Relations Ordinance (XXIII of 1969) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP 414 (PLC)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Tanvir Ahmed Khan and Khalil-ur-Rehman Ramday, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP 414 (PLC) (PUBLIC WORKS DEPARTMENT GOVERNMENT OF PUNJAB, LAHORE and others Versus NATIONAL INDUSTRIAL RELATIONS COMMISSION and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Riaz Lone, Advocate Supreme Court for petitioners.
- M.A. Zafar, Advocate Supreme Court and Ozair Chughtai, Advocate-on-Record for Respondent No.2.
- Date of hearing: 10th April, 2003.
Headnotes / Summary
(On appeal from the judgment dated 28-8-2002 of the Lahore High Court, Lahore passed in Writ Petition No. 19800 of 2002).
S.22
Constitution of Pakistan (1973), Art. 185(3)
Failure to provide opportunity of hearing
Reason given for termination of the employee was his absence from duty
No opportunity of hearing was provided to the employee to substantiate his case regarding his absence
National Industrial Relations Commission set aside the order of termination of the employee and the order was maintained by High Court in exercise of Constitutional jurisdiction
No illegality had been committed by High Court in maintaining the order passed by the National Industrial Relations Commission, warranting interference by Supreme Court
Leave to appeal was refused.
Judgment & Decree
TANVIR AHMED KHAN, J.
Leave to appeal is sought against the judgment dated 28-8-2002 whereby a learned Single Judge of the Lahore High Court, Lahore, dismissed Writ Petition No. 19800 of 2002 filed by the petitioners against the judgment dated 22-5-2000 of the learned Full Bench of the National Industrial Relations Commission.
2. It is argued by the learned counsel for the petitioners that the respondent was a work-charged employee and according to the terms of his employment, his services were liable to be terminated automatically on the expiry of the period mentioned in his appointment letter.
3. This argument of the learned counsel for the petitioners is without force as the reason given for the respondents termination in his absence from duty with effect from.4-3-1996 as reflected from the impugned order of termination dated 2-4-1996. However, he was not provided any opportunity whatsoever to substantiate his case qua his absence. No illegality has been committed by the learned Single Judge of the Lahore High Court in passing the impugned judgment which may warrant interference by this Court. Resultantly, for what has been stated above, the present petition being devoid of any merit is hereby dismissed and leave refused. M.H./P-108/S Petition Dismissed.