Law:

Section:

(a) Civil Procedure Code (V of 1908)---- ----O. VII, R. 11---Rejection of plaint---Suit if found to be incompetent---Court would be under obligation to reject plaint on perusal thereof. Abdur Rehman Mobashir and others v. Syed Amir Ali Shah Bokhari and 4 others PLD 1978 Lah. 113; Burmah Eastern Ltd. v. Burmah Eastern Employees' Union PLD 1967 Dacca 190; Pakistan State Oil Company Ltd. v. the Karachi Electric Supply Corporation Ltd. PLD 1991 Kar. 365; Abdul Majid Khan v. The Eastern General Insurance Co. PLD 1970 Kar. 70 ref. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ----S.O 16(1)---Civil Procedure Code (V of 1908)---O. VII, R: 11---Employee's removal from service---Employee's suit to retain house of employer did not disclose any cause of action in his favour---If at any subsequent stage employee was reinstated, that would create new rights in his favour---Provisions contained in S.O.16(1) of Ordinance VI of 1968, admitted of no exception viz; he could retain possession only for two months---Plaint disclosing no cause of action was rightly rejected by Trial Court. Abdul Ghaffar Siddiqui for Petitioner. Faizanul Haq for Respondent. Date of hearing: 1st April, 1992. JUDGMENT Applicant Pakistan International Air Lines Corporation has filed this Revision Application against an order dated 30-5-1991 passed by VII Additional District Judge, Karachi East. in Civil Appeal No. 120/1990. Admittedly, respondent Wajid Ali Khan was in service of the applicant till 6-8-1989 when he was removed from service under Regulation 88 of PIAC Employees (S&D) Regulations 1985 read with section 10 of the PIAC Act, 1956. Removal of the respondent- from service of the applicant was in consequence of his arrest by Custom Authorities on 8-2-1989 on the allegation of having smuggled gold into Pakistan, and of his facing trial for such charge in Court of the Special Judge (Customs), Karachi. As an employee of the applicant, the respondent was given the flat in suit bearing No. B-17/196 at PIA Staff Township Karachi Airport. After his removal from service, the respondent has been issued a letter dated 31-8-1989 requiring him to vacate…

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