Law: Constitution of Pakistan, 1973

Section: 199

  Constitution of Pakistan (1973)--- ----Art. 199---Legal point not raised in grounds of Constitutional petition---Such point being purely legal, was allowed to be raised by the High Court in arguments. Trade Organisation Ordinance (XLV of 1961)--- ----S. 12---Arbitration Act (X of 1940), S.26-A ---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Programme for election of Managing Committee, Office-bearers and Zonal Committee for the term 1996-97 by Pakistan Chamber of Commerce and Industry---President, Pakistan Chamber of Commerce and Industry nominated petitioner for the General Body and the reserved seat of Managing Committee for the year 1996-1997 but. Scrutiny Committee nominated by Managing Committee of respondent-organization decided not to approve his nomination for the reserved seat---Petitioner vide his letter called upon respondent to place his petition before Arbitration Council under S.12 of Trade Organisations Ordinance, 1961---Petitioner's petition was placed before Arbitration Council which maintained decision of Scrutiny Committee---Validity---In all other petitions filed before Arbitration Council either petitioners were heard or their representatives were given opportunity of hearing by Arbitrators, while in petitioners' case there was no mention whether any body was heard or not---Bare perusal of Award   showed that petitioner was denied the right of personal hearing---Award itself showed that in all other petitions either petitioners or their representatives were heard but as regards petitioners nothing was mentioned about affording them opportunity of hearing by the arbitrators---Principle that "no man shall be condemned unheard" had, this, been glaringly contravened in petitioners' case---Award was set aside in circumstances and case was remitted to Arbitrators for affording opportunity of personal hearing to petitioners and then to decide matter afresh, within specified period. PLD 1959 SC 45; PLD 1960 Kar. 455 and PLD 1970 Kar. 357 rel. M/s. Aslant Saeed & Co. v. M/s. Trading Corporation of Pakistan PLD 1985 SC 69; Province of Sindh v. Haji Khan PLD 1983 Kar. 621; Messrs Ghandhara…