Case Details

Citation(s)
1988 SLG 1300 1988 SLD 1300 1988 PLC 731
Service Tribunal, N.W.F.P.
Appeal No. 42 of 1988, decided on 7th July, 1988.
MALIK MUHAMMAD PERVEZ KHAN, CHAIRMAN

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ALI AKBAR

VS

GOVERNMENT OF N.W.F.P. through Secretary, Public Health and others

Law:

Section:

Civil Procedure Code (V of 1908)-- --O. XXXIX, Rr. 1 & 2--North-West Frontier Province Service Tribunals Act (I of 1974), S. 4--Temporary injunction--Appellant, praying for temporary injunction against termination of his services, till decision of his appeal by Tribunal--Appellant not approaching Tribunal within prescribed time and entered into litigation with Government Department in Civil Courts and finally, without approaching departmental authority, lodged appeal to Tribunal on ground that he was not provided with copy of termination order--Appellant under law was bound to obtain copy from respondents, who were public servants, personally or through his counsel or through Courts where he had filed suits against respondents-­Appellant have got no good prima facie case and was likely to get arrears of pay and other benefits, in case his appeal succeeded, and as such no inconvenience was likely to be caused to him--Temporary injunction refused to appellant in circumstances. Khalid Mahmood for Appellant. ORDER Petitioner has sought for the issuance of the temporary injunction against the respondents on the ground that he is still working as Chowkidar on the Tube-well maintained by the respondents, but in the garb of the so-called termination order, it is apprehended that they will prevent him from performing his duties. He claimed the prima facie nature of the case in his favour, balance of in convenience and irreparable loss to him. Respondents controverted the application by submitting reply, inter alia on the grounds that the appeal is not maintainable, it is barred by time and the petitioner has got no good case. Arguments were advanced. The contention of the appellant that he has got a…
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