Law:

Section:

House Building Finance Corporation Act (XXITIII of 1952)-----Ss. 41 & 42---Constitution of Pakistan, Art.212(3J---Leave to appeal was sought against passed by Service Tribunal, whereby miscellaneous petition filed by the petitioner against abatement of his appeal was dismissed for want of jurisdiction---Claim of the petitioner was that Registrar of the Service Tribunal had no authority to declare that appeal had been abated; and that the Tribunal was required to pass separate order after providing opportunity to the parties---Petitioner further contended that Service Rules of the employer Corporation being statutory, his petition was maintainable before Service Tribunal---Validity---Section 41 of House Building Finance Corporation Act, 1952, provided that Government could make Rules consistent with said Act for the purpose of giving effect to the provisions of the Act---Section 42 of said Act had empowered the Board to make regulations consistent with the Act to provide for all matters for which provision was necessary or expedient for the purpose of giving effect to the provision of the Act including Regulations in respect of the terms and conditions of service---Rule making power had been conferred upon the Board for the management and control of day to day business of the Corporation---Impugned of the Service Tribunal being well reasoned, called no interference by the Supreme Court---Leave to appeal was refused. Khawaja Riaz v. Chairman Pakistan Space and Upper Atmosphere Research Commission, Karachi 2007 PLC (C.S.) 1275; Pakistan Red Cross Society and others v. Syed Nazar Gillani PLD 2005 SC 805; Chairman WAPDA and 2 others v. Syed Jamil Ahmed 1993 SCMR 342; National Bank of Pakistan v. Manzoorul Hassan 1989 SCMR 842 and Cadet College Kohat and others v. Muhammad Shoaib Qureshi PLD 1984 SC 170 ref. Masood Mukhtar Naqvi, Advocate Supreme Court and Izhar Alam Farooqui, Advocate-on-Record for Appellant. Nemo for Respondents. x House Building Finance Corporation Act (XXITIII of 1952)-----Ss. 41 & 42---Constitution of Pakistan, Art.212(3J---Leave to appeal was sought against judgment passed by Service Tribunal, whereby miscellaneous petition filed by the…

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