Case Details

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.

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…
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