| Citation(s) |
|---|
| 1998 SLD 712 = 1998 CLC 65 |
Lahore High Court
Writ Petition No. 8926 of 1996, decided on 12th September, 1997.
Presented By: Before Malik Muhammad Qayyum, J
Khalid Anwar, Mian Saqib Nisar and Makhdoom Ali for Petitioners. Abid Hassan Minto, Bilal Hassan Minto, Mrs. Asma Jehangir, Salman Akram Raja and Zahid Hussain for
Respondents.
Writ Petition No. 8926 of 1996, decided on 12th September, 1997.
Presented By: Before Malik Muhammad Qayyum, J
Khalid Anwar, Mian Saqib Nisar and Makhdoom Ali for Petitioners. Abid Hassan Minto, Bilal Hassan Minto, Mrs. Asma Jehangir, Salman Akram Raja and Zahid Hussain for
Respondents.
PAKISTAN HERALD PUBLICATIONS (PRIVATE) LTD and 23 others---Petitioners
VERSUS
FEDERATION OF PAKISTAN and 21 others-- Respondents
Law: Newspaper Employees (Conditions of Service) Act, 1973
Section: 9
Newspaper Employees (Conditions of Service) Act (LVIII of 1973)-- ----S.9---Constitution of Pakistan (1973), Art. 199---Constitutional petition-- Wage Board Award---Validity Appointment of Chairman of Sixth Wage Board assailed on the ground that he (Chairman) being sitting Judge of Supreme Court could not function as Chairman of the Board---Held, Provision of S.9(2), Newspaper Employees (Conditions of Service) had not placed any bar on the appointment of a Judge of Supreme Court as Chairman of Wage Board---Any person who had been Judge of High Court could be appointed as Chairman of the Board Chairman of Wage Board had been a Judge of High Court and had retired before his induction to Supreme Court---Language of S.9(2), Newspaper Employees (Conditions of Service) Act, 1973, being clear and explicit, High Court could not refuse to give effect to it on account of some underlying idea or on abstract principle. Interpretation of statutes--- ---- Court must give effect to obvious intention of Legislature which has to be gathered primarily from the words used in the statute. Pakistan Textile Mill Owners' Association, Karachi and 2 others v. Administrator of Karachi and 2 others PLD 1963 SC 137; Kh. Ghulam Sarwar v. Pakistan through the General Manager, P.W.R., Lahore PLD 1962 SC 142 and Commissioner for Special Purposes of Income Tax v. Pemsel 1891 AC 531 ref. Newspaper Employees (Conditions of Service) Act (LVIII of 1973)--- ----S.9---Constitution of Pakistan (1973), Art. 199---Constitutional petition-- Appointment of Chairman of Wage Board assailed on ground of his being a sitting Judge of Supreme Court---Such objection had not been raised 'before Wage Board itself---Petitioner had…