| Citation(s) |
|---|
| 2019 SLG 1195 2019 SLD 1195 2019 PLC 541 |
Islamabad High Court
I.C.As. Nos. 156, 152, 157 to 162, 191 of 2016 and Writ Petition No. 2761 of 2016, decision Dated 19-09-2018. Hearing Dated: 21-06-2018.
AAMER FAROOQ, JUSTICE MOHSIN AKHTAR KAYANI, JUSTICE
Petitioner(s) by: Hafiz Arfat Ahmad Chaudhry, Ms. Shaista Altaf and Sheharyar Tariq
Respondent(s) by: Abdur Rehman S. Alvi, Syed Ishtiaq Mustafa Bukhari and Ms. Amara Batool
I.C.As. Nos. 156, 152, 157 to 162, 191 of 2016 and Writ Petition No. 2761 of 2016, decision Dated 19-09-2018. Hearing Dated: 21-06-2018.
AAMER FAROOQ, JUSTICE MOHSIN AKHTAR KAYANI, JUSTICE
Petitioner(s) by: Hafiz Arfat Ahmad Chaudhry, Ms. Shaista Altaf and Sheharyar Tariq
Respondent(s) by: Abdur Rehman S. Alvi, Syed Ishtiaq Mustafa Bukhari and Ms. Amara Batool
DAILY KHABRAIN AND OTHERS
VS
IQBAL MUSTAFA AND OTHERS
Law: Newspaper Employees (Conditions of Service) Act, 1973
Section: 2(d),11,12A
Law: Newspaper Employees (Procedure and Functions) Rules, 1977
Section: R.16
Law: Constitution of Pakistan, 1973
Section: 199
Law: Limitation Act, 1908
Section: 3,181,1stSchedule
(a) Newspaper Employees (Conditions of Service) Act (LVIII of 1973)--- ----S. 2(d)---Term 'Newspaper Employee'---Scope---Person who is working on contract or even writes articles by way of employment in newspaper establishment or does any other work is "newspaper employee". (b) Newspaper Employees (Conditions of Service) Act (LVIII of 1973)--- ----Ss. 2(d), 11 & 12-A---Limitation Act (IX of 1908), Art. 181---Implementation Tribunal for Newspaper Employees (Procedure and Functions) Rules, 1977, R. 16---Wage Board Award, implementation of---Limitation---Newspaper employees filed petitions before Implementation Tribunal for implementation of 7th Wage Board Award which came into existence in October, 2001---Petitions were allowed by Implementation Tribunal and order was maintained by Single Judge of High Court---Plea raised by appellants was that petitions were filed beyond period of limitation---Validity---Implementation Tribunal was not a court but a quasi-judicial forum for implementation of Wage Board Award---To lead proceedings before the Tribunal without applicability of law of limitation would be unjust and inappropriate as that would provide license for institution of stale claims---Effect of law of limitation was to bar remedy but right was not extinguished---Proceedings before Tribunal were not in nature of a suit but were instituted through application as was borne out fromprovisions of R. 16 of Implementation Tribunal for Newspaper Employees (Procedure and Functions) Rules, 1977 and residual Article for applications was to apply i.e., Art. 181 of First Schedule to Limitation Act, 1908 where period of limitation was 3 years from date when cause accrued---Division Bench of High Court set aside order passed by Implementation Tribunal as claims of newspaper employees were barred by limitation---Intra-court appeal was allowed in circumstances. Associated Press of Pakistan Corporation through Managing Director, Islamabad v. Federation of Pakistan through Secretary, Ministry of Labour Manpower and Overseas Pakistanis Division, Islamabad and 2 others 2010 PLC (C.S.) 1003; S.M. Junaid v. President of Pakistan PLD 1981 SC 12; The Commissioner of Income Tax,…
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