| Citation(s) |
|---|
| 1989 SLG 2325 1989 SLD 2325 1989 PLC 648 |
Lahore High Court
Civil Revision No. 290-D of 1989, decided on 22nd April, 1989.
MUHAMMAD QAYYUM, JUSTICE
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Civil Revision No. 290-D of 1989, decided on 22nd April, 1989.
MUHAMMAD QAYYUM, JUSTICE
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ISLAMIC REPUBLIC OF PAKISTAN
VS
MUHAMMAD SHARIF CHATTHA
Law:
Section:
(a) Service Tribunals Act (LXX of 1973)----------- ---S. 4--Civil Procedure Code (V of 1908), S. 115--Revision--Bar to jurisdiction of Civil Courts--Dispute relating to terms and conditions of service--Jurisdiction of Civil Court to try such suit is barred--Objection to bar of jurisdiction though not raised at early stage, lack of jurisdiction being patent on face of record and no factual inquiry being necessary, such objection, held, could be raised for first time in revisional proceedings before High Court. The Collector, Central Excise and Land Customs and others v. Aslam Ali Shah P L D 1985 S C 82 and Rashid Ahmad v. The State P L D 1972 S C 271 ref. (b) Service Tribunals Act (LXX of 1973)-- ---S. 4--Service Tribunal--Jurisdiction--Controversy between parties as to whether person was a "civil servant" or a "workman"--Parties having agreed that said person was a "civil servant" and not workman remedy in respect of such claim was to approach Service Tribunal through appropriate proceedings. SA. Jabbar for Petitioner. Zafar Ullah Cheema for Respondent. Date of hearing: 22nd April, 1989. JUDGMENT The petitioners by this revision petition call in question the judgments and decrees of the learned Additional District Judge, Faisalabad dated 11th of October, 1988 and of the learned Civil Judge, Faisalabad dated 18th of March, 1986. 2. A suit for recovery of Rs 34,655.41 was filed by the respondent against the petitioners in forma pauperis in which it was alleged that the respondent was a Station Master in the employment of petitioners when on 30th of August, 1977 he retired from service on attaining the age of superannuation. According to the respondent he was entitled to receive a sum of Rs.34,655.41, from the petitioners on account of pensionary benefits and other emoluments which had been wrongly withheld by the petitioners. He, therefore, prayed for a decree for the recovery of this amount. During the pendency of the suit, a sum of Rs.17,711.60 were paid by the petitioners to the respondent. On 18-3-1986 the suit was decreed for the remaining amount of Rs.16,944.21 by the trial Court. The lower appellate Court dismissed the appeal filed by the petitioners…
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