Law:

Section:

(a) Newspaper Employees (Conditions of Service) Act (LVIII of I 973)-------Ss.9, 10 & 12---Civil Procedure Code (V of 1908), S.96 & O.XLI--­Constitution of Pakistan (1973), Art.199---Constitutional petition--­Maintainability---Petitioners in their Constitutional petition had assailed the Award of 5th Wage Board on certain grounds---Petitioners before filing the Constitutional petition had filed suit in High Court on the same rounds, but High Court rejected the plaint under O.VII, R.11, C.P.C. holding that suit was barred by S.12 of Newspaper Employees (Conditions of Service) Act, 1973 and S.22 of (Repealed ) Industrial Relations Ordinance, 1969---Grounds on which 5th Wage Award assailed or challenged in the suit were identical and similar to grounds raised in the Constitutional petition ---Order passed in suit High Court had attained finality as petitioners did not assail said order way of appeal as provided by S.96 and Order XLI, C.P.C.---Petition who had failed to assail or challenge adverse order against them allowed said order to attain finality, would not be allowed to It recourse to Constitutional jurisdiction for redressal of their grievance, Constitutional petition filed by petitioner as not maintainable ---Apart from the fact that Constitutional petition, filed by petitioners was maintainable, fact was that almost 14 years had passed since disputed award was pronounced by Wage Board which had been accepted by concerned persons except petitioners and had been acted upon material terms---Setting aside the Award at such belated stage would completely upset and negate actions taken in pursuance thereof. Ch. Muhammad Ismail v. Fazal Zada, Civil Judge Lahore and 20 others PLD 1996 SC 246; Mst. Kaniz Fatima through Legal Heirs v. Muhammad Salim and 27 others 2001 SCMR 1493 and Messrs Tank Steel and Re-Rolling Mills (Pvt.) Ltd., Dera Ismail Khan and others v. Federation of Pakistan and others PLD 1996 SC 77 ref. (b) Constitution of Pakistan (1973)----- ----Art.199---Constitutional jurisdiction---Scope---Grant of relief in Constitutional jurisdiction of High Court was discretionary and same could be refused if it appeared to High Court that instead of…

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