Grievance petition Labour Court

2017 PLC 143 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 46Constitution of Pakistan, Art. 199Constitutional petitionGrievance petition Labour CourtPowers ofScopeEmployee of a companyCharge of misconductDismissal from service

Employee was dismissed from service after conducting regular inquiry against which grievance petition was moved which was accepted

Validity

Labour Court had powers to go into the facts of the case and pass order as might be proper and just

Labour Court could examine the material to determine as to whether punishment awarded to the workman was sustainable or not

Inquiry proceedings and facts had been exhaustively attended by the forums below

None of the allegations against the employee was proved in the inquiry

Conduct of employee was not riotous or disorderly and he did not commit misconduct but he being General Secretary CBA had only presented the demands and problems of workers before the management

Employee produced reliable evidence in his defence in the inquiry but inquiry officer had failed to discuss the same

Manager of employer company and inquiry officer was the same

High Court, in circumstances, could interfere in the concurrent findings while exercising constitutional jurisdiction when some illegality was on record having nexus with the relevant material

Constitutional petition was dismissed in circumstances.