UNITED BANK LTD. vs FAREEDULLAH KHAN S — 2021 PLC 111 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 PLC 111 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: PLC
Parties: UNITED BANK LTD. vs FAREEDULLAH KHAN S
Subject matter: Constitutional
Provisions referred to: S. 41---C

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

UNITED BANK LTD. VS FAREEDULLAH KHAN S.41---Constitution of Pakistan, Art. 199--- Constitutional petition--- Termination / compulsory retirement from service--- Workman/respondent was terminated from service by employer/petitioner on the charge of absence from duty--- Labour Court dismissed grievance petition filed by workman/respondent but modified termination into compulsory retirement from service--- Validity--- Termination from service and compulsory retirement from service both were lower and higher level of major penalties, recorded in view of given circumstances of each case--- Ill-disciplined act of workman/respondent of continuous absence from duty stood proved but element of his being habitual in absenting from duty was lacking--- Such was not a case of habitual absence and penalty of termination from service was harsh, as it amounted to expelling penniless on road and not recognizing his long length of service i.e. 19 years entitling him to have beneficiary emoluments of such past service performed within the ambit of laid down service policy of employer/petitioner--- Matter only pertained to continuous absence from duty which too was not for a period very long--- High Court declined to interfere in the matter as Labour Court had rightly modified the termination into compulsory retirement---Constitutional petition was dismissed, in circumstances.

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