Law: Newspaper Employees (Conditions of Service) Act, 1973

Section: 2(h),10,17,2

Law: Constitution of Pakistan, 1973

Section: 185(3),33,19

(a) Newspaper Employees (Conditions of Service) Act (LVIII of 1973)--S. 2 (h)---Constitution of Pakistan (1973), Art. 185 (3)---Leave to appeal was granted to examine as to whether the decision of the 4th Wage Board was within the purview of the Newspaper Employees (Conditions of Service) Act, 1973, in so far it related to the grant of Study and Research Allowance to the journalists, payment of Hajj expenses to some of the newspapers employees through ballots and car maintenance/petrol allowance to the Editors/Chief Editors of the Newspapers; whether the High Court had correctly construed the true scope and import of the various provisions of the Act in the light of the criteria enunciated by Supreme Court and other superior Courts; whether the High Court in exercise of its Constitutional jurisdiction could substitute its own opinion for that of the tribunal of exclusive jurisdiction in the discretionary field; whether the High Court had correctly interpreted and applied S. 2 (h) of the Newspaper Employees (Conditions of Service) Act, 1973; whether the High Court could interfere with the exercise of delegated power conferred on the Wage Board by the legislature in terms of S. 2 (h) of the Act; whether impugned decision of the High Court would stand vitiated on account of misreading of the record and whether the High Court in the circumstances of the case was justified in overlooking excessive laches -on-the part of the respondent in invoking the Constitutional jurisdiction and the explanation rendered could constitute a valid ground in law for overlooking such conduct amounting to acquiescence, waiver and estoppel when rights had accrued in favour of the third party in the meanwhile. (b) Statutory powers, exercise of--- --- Where express statutory power is conferred on a public functionary, it should not be pushed too far, for such conferment implies a restraint in operating that power, so as to exercise it justly `and reasonably---Excessive use of lawful power is itself unlawful. Judicial Review by Michael Supperstone and The Development of Administrative Law, published in Public Law, 1990 p. 490 ref. (c) Legislature--- Power of---Fundamental…

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