Case Details

Citation(s)
1987 SLG 1246 1987 SLD 1246 1987 PLC 564
Lahore High Court
Civil Revision No. 666 of 1987, heard on 31st March, 1987.
MANZOOR HUSSAIN SIAL, J

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JUNAID ZAFFAR

VS

WATER AND POWER DEVELOPMENT AUTHORITY through its CHAIRMAN and 2 others

Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-- ---S.6--West Pakistan Water and Power Development Authority Act (XXXI of 1958), S.17(1-A) [as added by West Pakistan Water and Power Development Authority (Amendment) Ordinance (XVI of 1975)]- WAPDA employees--Status of--Such employees deemed to be civil servant on 30-9-1975--Suit against removal from service, held, could not be maintained on coming into force of Ordinancne XVI of 1975-Remedy available to such employee was to approach Service Tribunal for redress of his grievance. Federation of Pakistan v. Muhammad Siddiq P L D 1981 S C 249 ref. (b) Civil Procedure Code (V of 1908)-- --S.115--Service Tribunals Act (LXX of 1973), S.6--West Pakistan Water and Power Development Authority Act (XXXI of 1958), S.17(1-A) [as added by West Pakistan Water and Power Development Authority (Amendment) Ordinance (XVI of 1975)]--WAPDA employees--Revisional jurisdiction, exercise of--Order passed by Appellate Court below, not suffering from any legal infirmity or material irregularity, held, could not be interfered with by High Court in exercise of revisional jurisdiction--Matter of termination of service of petitioner even if it was of extreme hardship for petitioner and his family members, could not be considered by High Court in its limited revisional jurisdiction. Azam S. Suhrawardy for Petitioner. Syed Iftikhar Ahmad for Respondents. Date of hearing: 31st March, 1987. JUDGMENT Junaid Zaffar, petitioner herein, employed as Junior Clerk under Water and Power Development Authority, was removed from service on 31-10-1974 pursuant to inquiry held for allegations of misconduct against him. On 11-11-1974 he challenged the aforesaid order by way of a suit. The learned Civil Judge granted temporary injunction in favour of the petitioner. Pursuant to the aforesaid order respondent No.1 on 18-11-1974 held the order of his removal from service, in abeyance. The respondent No.1, however, assailed order dated 14-1-1975 allowing petitioner's application for temporary injunction pending disposal of the suit. The learned Additional District Judge, Lahore vide the impugned order dated 5-5-1982 dismissed respondent's appeal as well as petitioner's…
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