Law:

Section:

(a) Punjab Agricultural - Produce Markets Ordinance (XXIII of 1978)-------S. 24---Arbitration - Board---Jurisdiction---Arbitration Board has ,jurisdiction only to entertain the disputes relating to or connected with agricultural produce including allowance of wrapping for containers for dirt or for impurities etc. (b) Punjab Agricultural Produce Markets Ordinance (XXIII of 1978)--- ----Ss. 2(a) & 24---Constitution of Pakistan (1973). Art.199--­Constitutional petition---Arbitration Board---Jurisdiction---Agricultural produce---Agricultural machinery---Including agricultural machinery in definition of "agricultural produce"---Validity---Petitioners filed two suits before Arbitration Board for recovery of amounts---Stand taken by the respondent was that he. had given a tractor trolley to petitioners and deducting the amounts claimed by the petitioners out of the price of the tractor trolley, the remaining be given to him---Board after arbitration under S.24 of Punjab Agricultural Produce Markets Ordinance, 1978, decided claims of both the parties and directed the petitioners to return the balance amount out of price of the tractor to the respondent---Plea raised by the petitioners was that the Board had no jurisdiction to entertain the matter relating to the price of tractor as the same did not fall under the definition of agricultural produce---Validity---Tractor trolley being a machinery/equipment for the purpose of cultivation and transportation of agricultural produce it was not covered by the definition of agricultural produce---Award had been issued against the petitioners with regard to the balance amount of tractor trolley and the dispute was not triable by the Arbitration Board---Board in the present case, had exceeded its jurisdiction by entertaining the suit therefore the /award passed by the Board was without lawful authority and of no legal effect---Judgment/award to the extent of recovery of price of tractor trolley was set aside---Constitutional petition was allowed accordingly. Manzoor Hussain v. Board of Arbitratrors, Market Committee, Khanewal and another 1984 CLC 1585 and Mehr Sakhi Muhammad v. Board of Arbitrators and another 1990 SCMR 1595…

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