1. Learned counsel admits that alternate remedy before the Labour Court is available but has urged that the case being one of discrimination and violation of fundamental rights this Court should exercise Constitutional jurisdiction.
2. We are afraid when equal efficacious remedy is available by law no reason for exercising the Constitutional jurisdiction, even for enforcement of fundamental rights, is called for. The Hon'ble Supreme Court of Pakistan has observed in a well-known case of I.A. Sherwan v. Government of Pakistan (1991 SCMR 104 (1063) as under:- "However, we may clarify that the civil servant cannot by-pass the jurisdiction of the Service Tribunal by adding a ground of violation of the fundamental rights. The Service Tribunal will have the jurisdiction in a case which is founded on the terms and conditions of the service even if it involves the question of violation of the fundamental rights."
3. Accordingly, the petition is dismissed in limine but the Petitioner is free to seek the redress from the proper forum under the law.