| Citation(s) |
|---|
| 1980 SLD 3061 = 1980 CLC 381 |
Lahore High Court
Regular Second Appeal No. 632 of 1976, decided on 30th September 1979.,
Presented By: Shameem Hussain Kadri, J
Abdur Razzaq Malik v. WA PDA P L D 1973 Lah. 188 rel. N. Beg for Appellant. Rashid Masood Gangoni for
Respondent No. 1.
Regular Second Appeal No. 632 of 1976, decided on 30th September 1979.,
Presented By: Shameem Hussain Kadri, J
Abdur Razzaq Malik v. WA PDA P L D 1973 Lah. 188 rel. N. Beg for Appellant. Rashid Masood Gangoni for
Respondent No. 1.
PUNJAB SMALL INDUSTRIES CORPORATIONAppellant
VERSUS
SHAMIM AHMAD KHAN AND ANOTHER Respondents
Law: Civil Procedure Code (V of 1908)
Section: O. XLI, r. 27
(a) Civil Procedure Code (V of 1908) O. XLI, r. 27Additional evidence Document presented before Appellate Court not produced before trial JudgeSuch document itself a photostat copy inadmissible in evidence unless certified copy produced with proper applicationHeld, document in question could not be considered by appellate Court =[Additional evidence) Mehr Allah Ditta and another v. Muhammad Ali and another P L D 1972 S C 59 rel. (b) West Pakistan Small Industries Corporation Ordinance (XXX of 1965) S. 40 (c)Terms and conditions of service of employees of CorporationRules framed by Corporation but not gazetted Principle of master and servantDoes not apply between Corpora tion and its employeesDemotion of an employeeHeld, to be in accordance with Ordinance by observing certain procedureProtec tion provided in Ordinance to employee cannot be ignored.[Master and servant]. Chairman, East Pakistan. Development Corporation v. Rustom Ali and another P L D 1966 S C 848 ; Pakistan Refugee and Rehabilitation Finance Corporation, Lahore and another v. Syed Karamat Hussain P L D 1966 Lah. 442 ; Ghulam Farid Khan v. East Pakistan Industrial Develop ment Corporation and others P L D 1968 Dacca 347 and SyeaNkayyaz Hussain Qadri v. The Administrator, Lahore Municipal Corporation, j17bore and others P L D 1972 Lah. 316 distinguished. Dates of hearing : 29th and 30th September 1979. JUDGMENT Shamim Ahmad Khan respondent was an employee of west Pakistan Small Industries Corporation which was dissolved. Its rights and liabilities devolved upon the Province of Punjab so far as they related to that Province. The Officer was promoted as Officiating Deputy Manager on 22nd September, 1967. He worked as such for more than a %ear and was reverted to…