Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--Ss. 2(xxviii) & 25-A---Karachi Port Trust Act (VI of 1886), S.23--­Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to examine the question whether an employee of Karachi Port Trust whose services had been terminated otherwise than in connection with an industrial dispute was a "workman" as defined by the Industrial Relations Ordinance, 1969. (b) Precedent--- ----Every must be read as applicable to the particular facts proved, or assumed to be proved---Generality of the expressions which may be found in the are not intended to be expositions of the whole law, but governed and qualified by the particular facts of the case in which such expressions are to be found.--[Judgment. (1898) AC 375 and Quinn v. Leathern (1901) AC 495 ref. (c) Precedent--- ---- Case is only an authority for what it actually decides and cannot be quoted for a proposition that may seem to follow logically from it. Quinn v. Leathern (1901) AC 495 fol. (d) Constitution of Pakistan (1973)--- ----Arts. 198 & 201---Precedent cases---Categories---In order that a decision on a question of law is binding within the meaning of Arts. 198 & 201 of the Constitution, it is not enough that a legal proposition follows logically from it; that question must have been actually decided. Precedent cases fall in two distinct categories. In the first category fall the decisions which decide a question of law or are based upon or enunciate a principle of law within the meaning of Articles 198 and 201 of the Constitution and are, therefore, binding, if the decision be by the Supreme Court, on all Courts in Pakistan, and if the decision be by a High Court, on all Courts subordinate to it. In the second category fall the cases which are not so binding but are merely illustrations of the application of the principles of law enunciated in the first category of precedent cases. So in order that a decision on a question of law is binding within the meaning of Articles 198 and 201 of the Constitution it is not enough that a legal proposition follows logically from it; that question must have been actually decided. Quinn v. Leathern…

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