| Citation(s) |
|---|
| 2016 SLG 2811 2016 SLD 2811 2016 PLC 245 |
Review Petition No. 13 of 2013, Dated: 8th September, 2015.
SHAHID BILAL HASSAN, JUSTICE, SHAHID MUBEEN, JUSTICE
Jawad Dilawar for Petitioners. Muhammad Anwar Awan for
Respondent.
DIRECTOR GENERAL, MULTAN DEVELOPMENT AUTHORITY AND ANOTHER
VS
NASIR AHMAD TANVEER BAJWA
Law:
Section:
Punjab Industrial Relations Act (XIX of 2010)--- ----Ss.33 & 47---Civil Procedure Code (V of 1908), S.114 & O.XLVII---Notification No. F.5(2)/2003-AGP, dated 27-5-2003---Compulsory retirement---Grievance petition---Application for review of of Single Judge of High Court---Scope---Grievance petition filed by the employee against order of his compulsory retirement having been dismissed by the Labour Court, employee filed appeal before Appellate Tribunal, which was dismissed---Employee assailed said order by filing constitutional petition, which was allowed by High Court---Employers through present review petition had assailed the order passed by Single Judge of High Court in the Constitutional petition---Employers had contended that their counsel made conceding statement before the High Court without instructions of an Officer Grade 17, without which conceding statement carried no weight in the eyes of law---Validity---High Court observed that Law Officers should not make conceding statement in the court, unless they had duly been instructed in writing by the competent authority; and an officer not below the rank of Grade-17 should be present in the court to verify and reiterate such instructions---Presence of the concerned Officer must be recorded in the order of the court; and written instructions should be made a part of the record of the court---If an order was passed in ignorance of of the Supreme Court, which was binding under Art.189 of the Constitution, same was liable to be reviewed---Impugned order was reviewed, and of Single Judge was set aside, in circumstances. PLD 2003 Journal 95; Faisalabad Development Authority v. Raja Jahangir Nasir and others 2004 SCMR 1247 and Pakistan through Ministry of Finance Economic Affairs and another v. FECTO Belarus Tractors Limited PLD 2002 SC 208 ref. THIS ORDER PASSED BY: SHAHID BILAL HASSAN, JUSTICE:---.--- The petitioners have called into question the validity and legality of order dated 27.06.2013 passed by learned Single Judge in Chamber whereby the writ petition of the respondent was allowed. 2. Briefly the facts of the case are that respondent was appointed as Head Clerk in Multan Development…
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