Case Details

Citation(s)
2023 SLG 381 2023 SLD 381 2023 PLC 49
Sindh High Court
Constitutional Petition No. D-7684 of 2019 (and othersconnected petitions) decided on 26th August, 2022.
MUHAMMAD, JUNAID GHAFFAR AND AGHA FAISAL, JJ

HYDERABAD DEVELOPMENT AUTHORITY through Executive Legal OfficervsPROVINCE OF SINDH through Chief Secretary and 2 others

Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan------Art.199---Regularization of service---Constitutional petition---Maintainability---Concurrent findings of facts by two forums below---Petitioner / Authority was aggrieved of orders passed by Labour Court and Labour Appellate Tribunal in favour of respondents / employees---Validity---High Court in exercising Constitutional jurisdiction under Art.199 of the Constitution could be regarded as on a higher pedestal as against other ordinary statutory jurisdiction---Constitutional provision was not designed to empower High Court to interfere with decisions of Court or Tribunal of inferior jurisdiction, mainly because in its opinion the decision was wrong---High Court could not interfere in its Constitutional jurisdiction with findings of facts recorded by competent Court, tribunals or authorities unless such findings were result of misreading and non-reading of material evidence, or were based on no evidence amounting to an error of law and justified rather called for interference--- High Court declined to interfere in concurrent findings of facts by two forums below, as no case for any exception was made out by the petitioner/ Authority--- Constitutional petition were dismissed, in circumstances. Lahore Development Authority v. Abdul Shafique PLD 2000 SC 207; Ghulam Muhammad v. Province of Sindh and another 2014 PLC (C.S.) 797; National Bank of Pakistan v. Punjab Labour Court No. 5, Faisalabad and 2 others 1993 SCMR 672; Faqir Muhammad v. The Director of National Savings, Multan Region, Multan 1992 PLC 163, Province of Punjab and 3 others v. Gul Hassan and 33 others 1992 PLC 924; Bibi Abida v. The Sindh Labour Appellate Tribunal and 2 others PLD 1985 Kar. 112; Executive Engineer Central Civil Division v Abdul Aziz and others PLD 1996 SC 610; Saleh Muhammad Soomro v Zarai Taraqqiati Bank Limited 2009 PLC 196 and Divisional Superintendent Quetta Postal Division v. Muhammad Ibrahim 2022 PLC 62 ref. Muhammad Hussain Munir and others v. Sikandar and others PLD 1974 SC 139; Ali Muzaffar v. Syed Muhammad Ali Abedi 2006 CLC 379; Mohibullah & Co. v. Bahauddin 1990 SCMR 1070; Mahmooda Begum v. Taj Din 1992 SCMR 809; Muhammad Suleman v. Zubaida Bibi…
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