Law: Pakistan Telecommunication (Re-Organization) (Amendment) Act, 2006

Section: 36(2)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 113

Pakistan Telecommunication (Reorganization) Act (XVII of 1996)--- ----S.36(2)---Qanun-e-Shahadat (10 of 1984), Art. 113---Recovery of arrears---Admitted facts---Documentary evidence---Photocopies---Objection---Stage---Plaintiff who was transferred to the company (PTCL) pursuant to S.36(2) of Pakistan Telecommunication (Reorganization) Act, 1996 sought recovery of arrears due during his service as he refused to accept "Voluntary Separation Scheme" as introduced by the defendant company---Trial Court decreed the suit in favour of plaintiff but Lower Appellate Court reversed the findings and dismissed the suit---Validity---All the documents were issued by defendant company and original thereof could not be in the possession of plaintiff---All marked documents except an agreement between defendant and Government of Pakistan, were admitted by witness of defendant company during his cross-examination---Such documents which were expressly admitted by defendant company could not have been questioned at appellate stage---High Court was not precluded / prevented from taking into account the admitted documents, which were available on record as "Marked Documents" and most of the documents were part and parcel of official record of defendant company---When the documents were presented by plaintiff during his examination-in-chief, there was not a single objection from the other side upon presentation / placing of those documents on record--- Any office order or document issued by defendant company which adversely affect any privilege, facility for which plaintiff was entitled, had no force in the light of saving clause i.e. S.36(2) of Pakistan Telecommunication (Reorganization) Act, 1996---High Court in exercise of revisional jurisdiction set aside findings of Lower Appellate Court and restored that of Trial Court--- Revision was allowed in circumstances. Muhammad Akram and another v. Mst. Farida Bibi and others 2007 SCMR 1719; PTCL and others v. Masood Ahmad Bhatti and others 2016 SCMR 1362 and Iqbal Hussain v. General Manager, Southern Telecom Region-II and others 2017 SCMR 353 rel. THIS JUDGMENT DELIVERED BY: FIAZ AHMAD ANJUM JANDRAN, JUSTICE:---.--- This Civil Revision…

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