| Citation(s) |
|---|
| 1966 SLG 67 1966 SLD 67 1966 PLD 472 |
Supreme Court of Pakistan
Civil Appeal No. 77 of 1964, decision dated: 22nd April 1965.
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLEAKBAR, B. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ
Bashir Ahmad, Senior Advocate, Supreme Court, instructed by M. Siddiq, Senior Attorney for Appellant. Abid Hassan Minto, Advocate, Supreme Court, instructed by M. Sardar Khan, Attorney No. 3.
Civil Appeal No. 77 of 1964, decision dated: 22nd April 1965.
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLEAKBAR, B. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ
Bashir Ahmad, Senior Advocate, Supreme Court, instructed by M. Siddiq, Senior Attorney for Appellant. Abid Hassan Minto, Advocate, Supreme Court, instructed by M. Sardar Khan, Attorney No. 3.
SUTLEJ COTTON MILLS LTD., OKARA
VS
INDUSTRIAL COURT, WEST PAKISTAN, LAHORE AND OTHERS
Law:
Section:
(a) Constitution of Pakistan (1956), Art. 160 [read with Laws (Continuance in Force) Order (I of 1958), Art. 2] and Constitution of Pakistan (1962), Arts. 58(3), 225 & 250-Petition for special leave to appeal under Art. 160, Constitution of Pakistan (1956) and that under Art. 58 (3), Constitution of Pakistan (1962)-Supreme Court under Art. 58 (3), Constitution of Pakistan (1962) competent to hear and determine appeals from s, decrees, orders or sentences of High Court only whereas under Art. 160, Constitution of Pakistan (1956) appeal from order of a Tribunal competent-Petition under Art. 160, Constitution of Pakistan (1956), against order of a Tribunal filed before but disposed of subsequent to coming into force of Constitution of Pakistan (1962)-Right of appellant to have his petition heard on basis of law prevailing on day he filed his petition for special leave not taken away. A petition for special leave to appeal, against the order of a Tribunal, was filed, under Article 160 of the abrogated Constitution of Pakistan (1956) read with the Laws (Continuance in Force) Order, 1958, only a day prior to coming into force of the Constitution of Pakistan (1962). The petition was accepted after the coming into force of the new Constitution. At the hearing of the appeal a preliminary objection was raised that the appeal was not competent inasmuch as under Article 58(3) of the new Constitution of Pakistan (1962) the Supreme Court had jurisdiction to hear and determine appeals from s, decrees, orders or sentences of a High Court only and not from that of a Tribunal. Held, that Article 58 of the new Constitution is not retrospective either by express enactment or by necessary implication and if under Article 160 of the late Constitution of Pakistan (1956) the Supreme Court had jurisdiction to grant special leave to appeal from order of a Tribunal and if leave had been granted before the commencing day of the new Constitution the appeal by such special leave would not have abated. The position would be the same if the petition for special leave had only been filed before the relevant day. Appeal by special leave allowed under Article 160 of the late Constitution…
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