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

Section: O. 16

Law: Civil Procedure Code (V of 1908)

Section: 433, 439

  West Pakistan Industrial and Commercial Employment (Stand ing Orders) Ordinance (VI of 1968), S. O. 16 read with Crin4inal procedure Code (V of 1898), Ss. 433 & 439--A1'agistrates' order under S. O. 16 calling upon worker to vacate residential accommo dation-Subject to revisional 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 a9 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 acne gassed by an inferior criminal Court and subject to the revisional juri3~ct:on of the High Court. Date of hearing: 12th October 1971.                                                                                                                                     JUDGMENT SAAD SAOOD JAN. J.-The facts 1Nadlng 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 Flash man'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 1963 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…