Law: West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)

Section: 16

Law: Criminal Procedure Code (V of 1898)

Section: 435, 439

West Pakistan Industrial and Commercial Employment (Stand ing Orders) Ordinance (VI of 1968), S. O. 16 read with Criminal Procedure Code (V of 1898), Ss. 435 & 439-Magistrate's order under S. O. 16 calling upon worker to vacate residential accommo dation-Subject to re visional jurisdiction of High Court. Nothing turns on the question whether the order of a Magis trate has been passed under the Code of Criminal Procedure or under a special law, for if the language of the special law indicates that the intention of the Legislature was to extend the jurisdiction of an existing criminal Court and not to set it up as a special tribunal, an order made under the special law will be revisable by the High Court despite the fact that it has not been made under the Code of Criminal Procedure. Standing Order No. 16 only extends the jurisdiction of the Magistrate of the First Class and any order made under the said Standing Order has to be regarded as one passed by an inferior criminal Court and subject to the revisional jurisdiction of the High Court. . Date of hearing: 12th October 1971.                                                                                                                JUDGMENT SAAD SAOOD JAN, J.-The facts leading up to this criminal revision, which has come before us on a reference made by a learned Single Judge of this Court, lie within a narrow compass. The petitioner was an employee of the Flashman's Hotel, Rawal pindi, and was in connection with his employment provided with residential accommodation within the premises of the hotel. Sometimes towards the end of 1968 he became involved in a cri minal case wherein allegations of misappropriation and fraud in respect of his employer's property were made against him. His services were terminated on 1-1-1969 and he was served with a notice to vacate the residential quarter in his possession. On his…