Law:

Section:

(a) Arbitration Act (X of 1940)--- ----Ss. 2(a) & 34---Suit for recovery of damages on account of unlawful termination of job contract---Stay of suit, application for---Arbitration clause of such contract contained word "arising" followed by words "during the period of the job contract in connection with any of the terms and conditions of this job contract"---Plaintiff's plea that dispute disclosed in plaint did not come within scope of such arbitration clause---Validity---Such words were somewhat different from those used normally in arbitration clause---Scope of such clause was limited to a dispute arising during course of contract and not otherwise---Dispute raised in plaint related to unlawful termination of job contract and recovery damages on account of toss and injury allegedly suffered by plaintiff on account of such termination---Plaintiff's claim as disclosed in plaint, except a small portion thereof, would come within scope of such arbitration clause---Where portion of claim falling within scope of arbitration clause being small as compared to overall claim, and evidence to be led to establish both such claims being same, then suit ought not to be stayed even with regard to claim referable to arbitration---Principal dispute, but not whole, as disclosed in plaint fell within scope of arbitration clause---Such application was dismissed and defendant was directed to file written statement within specified time. Cosmopolitan Development Co. v. So Di-Me Spa and another 1987 MLD 2832; Syed Arshad Ali v. Sarwat Ali Abbasi 1988 .CLC 1350; NLR 1989 PC 524; Novelty Cinema v. Firdaus Films and another PLD 1958 Lah. 208; Port Qasim Authority v. Al-Ghurair Group of Companies and others PLD 1997 Kar. 636; Renusagar Power Co. Ltd. v. General Electric Company and another AIR 1985 SC 1156 and Lahore Stock Exchange v. Federick T. Whyte Group Pakistan Ltd. PLD 1990 SC 48 ref. (b) Constitution of Pakistan--- ----Art. 190---Judgment' of High Court---Binding effect---Scope---Judgment of a High Court would not be binding on a Judge of another High Court---Judgment of a Single Bench would not be binding on another Single Bench of same High Court. (c) Constitution of…

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