Law: International Islamic University Ordinance, 1985

Section: 38

Law: Law Reforms Ordinance, 1972

Section: 3(2)

(a) International Islamic University Ordinance (XXX of 1985)--- ----S. 38---Law Reforms Ordinance (XII of 1972), S. 3(2), proviso---Decision of the Board of Governors---Intra Court Appeal---Maintainability---Section 38 of the International Islamic University Ordinance, 1985 ('Ordinance of 1985') provides for the remedy of appeal or review before the Board of Governors against any order punishing a teacher or other employees of the university---Original order in the present case was an order by the Board of Governors discontinuing incentives which order was first challenged by the respondents by way of a departmental appeal and then subsequently in a writ petition---Respondents admittedly availed the remedy of appeal provided against the original order by the Board of Governors in terms of section 38 of the Ordinance of 1985----Consequently, the proviso to section 3(2) of the Law Reforms Ordinance, 1972 created a bar on the remedy of appeal for the petitioners (University)---As there was a remedy of appeal available under the Ordinance of 1985, hence the impugned judgment of the High Court was correct in dismissing the Intra Court Appeal---Petition for leave to appeal was dismissed and leave was refused. Mst. Karim Bibi and others v. Hussain Bakhsh and another PLD 1984 SC 344 applicable. Muhammad Abdullah v. Deputy Settlement Commissioner, Centre-I, Lahore PLD 1985 SC 107 ref. (b) Law Reforms Ordinance (XII of 1972)--- ----S. 3(2), proviso---Intra Court Appeal (ICA)---Maintainability---Proviso to section 3(2) of the Law Reforms Ordinance, 1972---Scope---Essential requirement to invoke the proviso to section 3(2) of the Law Reforms Ordinance, 1972 is to see whether the remedy of at least one appeal, review or revision is available under the law against the original order, in the proceedings in which the law is applicable to decide the ICA on merit---Law must prescribe for the remedy of appeal, review or revision, and if so section 3(2) of the Law Reforms Ordinance, 1972 will be applicable, notwithstanding whether that remedy is available to the person filing the ICA. Muhammad Abdullah v. Deputy Settlement Commissioner, Centre-I, Lahore PLD 1985 SC 107 ref.…

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