| Citation(s) |
|---|
| 2007 SLG 1407 2007 SLD 1407 2007 SCMR 1400 |
Supreme Court of Pakistan
Civil Petition No.224 of 2007, decision dated: 17-04-2007
SARDAR MUHAMMAD RAZA KHAN, CH. IJAZ AHMED AND HAMID ALI MIRZA, JJ
Agha Tariq Mehmood Khan, Advocate Supreme Court with Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Zulfiqar Khalid Maluka, Advocate Supreme Court with M.S. Khattak, Advocate-on-Record for
Respondents
Civil Petition No.224 of 2007, decision dated: 17-04-2007
SARDAR MUHAMMAD RAZA KHAN, CH. IJAZ AHMED AND HAMID ALI MIRZA, JJ
Agha Tariq Mehmood Khan, Advocate Supreme Court with Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Zulfiqar Khalid Maluka, Advocate Supreme Court with M.S. Khattak, Advocate-on-Record for
Respondents
STATE LIFE INSURANCE CORPORATION OF PAKISTAN through ChairmaN
VS
RAZ MUHAMMAD SHANWARI and others
Law:
Section:
Constitution of Pakistan (1973)--- ----Art. 185(3)---Petition for leave to appeal----Petitioner had sought leave to appeal from judgment of High Court whereby -Petitioner Corporation was directed to implement judgment of Service Tribunal, reinstating -Respondent---Stay granted in case had only suspended implementation of judgment of Service Tribunal and could not, by any stretch of arguments, be considered to be one setting aside judgment in question---High Court had rightly directed implementation of judgment of Service Tribunal. Muhammad Mubeen-ul-Islam and others v. Federation of Pakistan PLD 2006 SC 602 ref. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J. ---State Life Insurance Corporation seek leave to appeal from the judgment, dated 7-2-2007 of Peshawar High Court whereby, the Corporation was directed to implement' the judgment dated 3-11-2004 of the Federal Service Tribunal, reinstating the -Respondent. 2. It is alleged that against the judgment of the Federal Service Tribunal, the Corporation had filed Civil Petition No.2948 of 2004 where the order of the Tribunal was suspended and hence at the time of delivering judgment in case of Muhammad Mubeen-ul-Islam and others v. Federation of Pakistan PLD 2006 SC 602, no judgment in favour of -Respondent held the filed. That in view of paragraph 109(b) of this judgment, the claim of the -Respondent stood, abated. That he could not claim any right unless he resorted to the proper forum within 90 days and obtained relief therefrom.…
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