RIAZ HUSSAIN vs CHAIRMAN, PUNJAB LABOUR APPELLATE TRIBUNAL, LAHORE Sched

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RIAZ HUSSAIN VS CHAIRMAN, PUNJAB LABOUR APPELLATE TRIBUNAL, LAHORE Sched., S.O.15---Constitution of Pakistan, Art. 199---Misconduct---Re-instatement in service---Back benefits---Entitlement---Attaining age of superannuation---Petitioner / employee was dismissed from service and Labour Court reinstated him in service with back benefits---Lower Appellate Court declined back benefits to petitioner / employee, who during pendency of proceedings attained age of superannuation---Effect---During pendency of matter, petitioner / employee had already crossed age of superannuation, therefore, his reinstatement could not be ordered rather he was entitled for pensionary emoluments---If petitioner / employee was involved in any subversive activities, he could be proceeded against Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, but non-adherence to the provisions could not be condoned---It is mandate of the Constitution that everybody should be dealt with in accordance with law and any violation on the part of the delinquent cannot be let unnoticed---High Court in exercise of Constitutional jurisdiction declined to interfere in findings of two fora below regarding reinstatement of petitioner / employee as the same were concurrent in nature which findings were neither perverse nor were result of some misreading or non-reading of material available on record---Petitioner / employee was not gainfully employed elsewhere with effect from his termination of service and such fact was not denied by respondent / employer---Penultimate order was passed by respondent / employer in clear violation of S. 15 of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, against petitioner / employee---Punjab Labour Appellate Tribunal did not give any persuasive reasons while declining back benefits to petitioner / employee---High Court set aside judgment passed by Punjab Labour Appellate Tribunal and restored that of Labour Court---High Court directed Labour Court to ensure implementation of its decision---Constitutional petition was allowed accordingly. Citation Name: 2024 PLC 265 LAHORE-HIGH-COURT-LAHORE RIAZ HUSSAIN VS CHAIRMAN, PUNJAB LABOUR APPELLATE TRIBUNAL, LAHORE Sched., S.O.15---Constitution of Pakistan, Art. 199---Misconduct---Punishment, non-implementing of---Principle---In constitutional petition challenging vires of judgments passed by Labour Court as well as Punjab Labour Appellate Tribunal, if no injunctive order is issued by High Court, there is no justification for employer to avoid implementation of such decision---Labour Court as well as Punjab Labour Appellate Tribunal cannot refuse execution of judgment of Labour Court merely on account of pendency of constitutional petition before High Court. Citation Name: 2024 PLC 265 LAHORE-HIGH-COURT-LAHORE RIAZ HUSSAIN VS CHAIRMAN, PUNJAB LABOUR APPELLATE TRIBUNAL, LAHORE Sched. S.O. 15---Misconduct---absence from duty without leave---Scope---allegation of absence from duty against employee falls within the definition of misconduct---Such charge cannot be decided without following procedure provided under Standing Order 15 of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968.

RIAZ HUSSAIN vs CHAIRMAN, PUNJAB LABOUR APPELLATE TRIBUNAL, LAHORE Sched — 2024 PLC 265 LAHORE-HIGH-COURT-LAHORE

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