Case Details

Citation(s)
1992 SLG 718 1992 SLD 718 1992 CLC 752
Lahore High Court
Writ Petitions Nos. 5206 to 5209 of 1990, decided on 1st December, 1990
MALIK MUHAMMAD QAYYUM, J
Ch. Hafeez Ahmad for Petitioner. Nemo for
Respondent No. 1. Abdul Latif Chaudhry for
Respondent No. 2

MUNICIPAL COMMITTEE, PASR-UR-

VS

COMPENSATION COMMISSIONER and others

Law:

Section:

(a) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Maintainability---Contention of petitioner was that proceedings before Authority below were stayed by High Court in Constitutional petition earlier filed by petitioner, but Authority below proceeded to hear matter in defiance of such stay order of High Court, thus proceedings taken by Authority below, were nullity in the eye of law---Record of earlier Constitutional petition showed that those were filed by petitioner against other persons and not against the respondent in present petition--­Effect of stay order issued by Court in earlier petitions, thus, could not be extended to present case. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Competency---Constitutional petition against order of Authority was filed by petitioner after about 8 months from the date of impugned order passed by Authority---Explanation for such delay rendered by petitioner that he was not aware of order of Authority, was not acceptable as admittedly representative of petitioner had been appearing in proceedings before Authority on various dates---Constitutional petition which suffered from laches was not competent. JUDGMENT This judgment will dispose of W.P. Nos. 5206/90, 5207/90, 5208/90 and 5209/90 in which common questions of law and facts arise for determination and are directed against the order dated 6-12-1989 and notice issued by respondent No. 1 on 10-6-1990. 2. Munshi Masih father of respondent No.2 in W.P. No.5206/90, who was an employee of the petitioner, filed an application on 8-6-1988 for the recovery of Rs.24,420 as gratuity, compulsory benefits and pension. Similar applications were filed by Muhammad Anwar, respondent No.2 in W.P. No., 5207/90 and Sharif Masih respondent No.2 in W.P. Nos. 5208/90 and 52119/90. These applications were initially contested by the petitioner. however, on 10-9-1989, the Chief Officer of the petitioner appeared before respondent No.l and stated that the Municipal Committee had decided that after completing the requisite formalities, the amount in dispute be paid to the respondents. On 20-10-1989 an application was presented by Sh.…
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