Law: Law Reforms Ordinance, 1972

Section: 3(2)

(a) Law Reforms Ordinance (XII of 1972)--- ----S. 3(2), proviso---Intra Court Appeal (ICA)---Maintainability---Test to determine whether remedy of ICA is available---Main test to determine whether an ICA is available under the proviso to Section 3(2) of the Law Reforms Ordinance, 1972 ( the Ordinance ) is to see whether the proceedings, in which the original order has been passed, provide for an appeal, revision or review (collectively referred to as appeal, for convenience) to any Court, Tribunal or authority against the original order---Applying this test what needs to be seen and verified is whether the proceedings provided for an appeal against the original order and not whether parties to the proceedings enjoyed the right to appeal against the original order---Proviso under Section 3(2) of the Ordinance is proceedings specific and not parties specific---So it matters less if one of the parties to the proceedings is not entitled to right of appeal against the original order passed in the said proceedings. Karim Bibi v. Hussain Bakhsh PLD 1984 SC 344 and Muhammad Abdullah v. Deputy Settlement Commissioner, Centre-I, Lahore PLD 1985 SC 107 ref. (b) National Bank of Pakistan (Staff) Service Rules, 1973--- ----R. 40---Law Reforms Ordinance (XII of 1972), S. 3(2), proviso---Intra Court Appeal (ICA) filed by the bank---Maintainability---In the instant case, the proceedings under the National Bank of Pakistan (Staff) Service Rules, 1973, provide for an appeal under Rule 40 against the original order---This is sufficient to disentitle the parties to maintain an intra-court appeal, irrespective of the fact that one or more of the parties to the proceedings did not have a right of appeal against original order---Therefore, ICA is not maintainable in the present case---Petition was dismissed and leave was declined. National Electric Power Regulatory Authority v. Faisalabad Electric Supply Company Ltd. PLD 2015 Lah. 661 disapproved. ORDER SYED MANSOOR ALI SHAH, JUSTICE:---.--- C.P.L.A. No. 1800-L of 2018: Brief facts of the case are that the respondent being an employee of the petitioner bank was promoted to the post of Officer Grade-I w.e.f. 01.01.2014. Aggrieved of…

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