Case Details

Citation(s)
1972 SLG 820 1972 SLD 820 1972 PLC 175
Sindh High Court
Suit No. 85 of 1967, 26th May, 1970
MUHAMMAD ALI SAYEED, J

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Mr. Rahim Bux P. Munshi

VS

Pakistan Through The Secretary, Ministry Of Health, Labour And Social Welfare (Labour And Social Welfare Division) Government Of Pakistan, Islamabad And Another----Defendants

Law:

Section:

Keywords: Existing Law, Discharge, Appropriate Legislature, Trial Court, Provisions, Government Servant, Endorsement, Chairman, Intimation, Conditions Of Service, Petitioner, Language, Damages, Binding, Notice, Master And Servant, Disposal, Invalidity, Conditions, Parties, Hearing The Arguments, Constitution, Jurisdiction, Inter Alia, Costs, Invalid, Emoluments, Terms And Conditions, Premises, Ipso Facto, Exception, Execution, Plea, Ancillary, Initial Appointment, Dispute, Term Of Office, Omission, Description, Recovery, Illegal, Consideration, Division, Orders, Repugnant, Information, Consultation, Tenure Of Service, Copy, Province, Office, Fixed Term, Defence, Notification, Receipt, Evidence, Compensation, Tenure Of Office, Executive Authority, Terms And Conditions Of Service, Legislative Competence, Order, Executive, Validity, Contract, Offer, Functions, Pension, Administrative Control, Executive Authority Of The Province, Appointment, Period, Pension, Government, Contractual Appointment, Affirmation, Remuneration, High Court Result: Suit decreed JUDGMENT The plaintiff in this case has sued for recovery of a sum of Rs. 55,092.66 as compensation for being deprived of his normal emoluments for the unexpired period of his tenure as Chairman of the Central/West Pakistan, Industrial Court. 2. The case of the plaintiff, briefly, is that by an order of the Central Government gazetted on the 22nd of September 1962, the plaintiff was appointed as a Chairman of the Central Industrial Court. This appointment, it is contended, was made by the Central Government in relation to the Central Industries within the meaning of section 7 of the Industrial Disputes Ordinance of 1959. The tenure of appointment of the plaintiff was initially for a period of three years. By a further notification dated 31-7-1962, issued by the Government of West Pakistan, the plaintiff, it is contended, was also appointed as a Chairman of the II West Pakistan Industrial Court. Subsequently by a letter dated 7th of November 1963, addressed to the Government of West Pakistan, the Central Government decided to transfer the Central Industrial Court to the Provincial Government together with all…
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