Case Details

Citation(s)
2015 SLG 1449 2015 SLD 1449 2015 CLC 644
High Court (AJ&K)
Review Petition No.22-A of 2007, decision dated: 10-12-2014
MUNIR AHMED CHAUDHARY AND SARDAR ABDUL HAMEED KHAN, JJ
Muhammad Riaz Tabassum for Petitioner

GHULAM QADIR

VS

UNITED BANK LIMITED through President and 4 others

Law:

Section:

(a) Azad Jammu and Kashmir High Court Procedure Rules, 1984-------R. 43(4)---Limitation Act (IX of 1908), Arts.162 & 173---Civil Procedure Code (V of 1908), O.XLVII, R. 1---Review of by High Court---Limitation---Sufficient cause---Scope---Review petition under Rule 43 (4) of Azad Jammu and Kashmir High Court Procedure Rules, 1984 could be filed within 30 days---Period for filing review petition against order passed in original/constitutional jurisdiction of High Court was 20 days---Petition was time-barred---No sufficient cause for delay existed in the present case---Review petition was dismissed in circumstances. (b) Azad Jammu and Kashmir High Court Procedure Rules, 1984--- ----R. 43(4)---Limitation Act (IX of 1908), Arts.162 & 173---Review of by High Court---Limitation---Review petition under R.43(4) of Azad Jammu and Kashmir High Court Procedure Rules, 1984 could be filed within 20 days. (c) Limitation Act (IX of 1908)--- ----Art. 162---Review of by High Court---Limitation---Period for filing review petition against order passed in original/constitutional jurisdiction of High Court was 20 days. JUDGMENT SARDAR ABDUL HAMEED KHAN, J.--- The above titled review petition has been filed against the judgment of this Court dated 4-2-1999. Brief facts forming background of the instant review petition are that petitioner was serving as officer Grade-2 under the control of non-petitioner No.5, meanwhile, a scheme known as retrenchment was introduced by non-petitioner No.1 in the consequences, petitioner who was promoted recently in Grade-2, after that he got received retrenchment letter through non-petitioner No.5 on 10-10-1997 and thereafter was terminated from the service. It is averred that the termination order dated 10-10-1997 was challenged by the petitioner and others through above captioned writ petition which was dismissed on the sole ground that section 2-A has been introduced in Service Tribunals Act, 1973 which has been adopted by AJK Council therefore, this Court has no jurisdiction to adjudicate upon the matter and petitioners were directed to approach the appropriate forum, consequently, service appeal was filed before the Federal Service…
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