Law:

Section:

Constitution of Pakistan (1973)---Art. 185(3)---Appellate jurisdiction of Supreme Court---New plea--Effect---Appointment of employee---Two years' training by such employee---Concealing of facts---Petitioners were contract employee of respondent-Company and on its expiry, their contract was not extended---Petitioners in earlier round of litigation, had prayed that they be absorbed/appointed but their such prayer was declined by 'High Court as well as by Supreme Court---Subsequently, petitioners again filed constitutional petitions on the ground that they were not afforded opportunity to compete for induction nor the posts were advertised for recruitment, which petitions were also dismissed by High Court---Plea raised by petitioners was that after having undergone training for two years they had become regular in service and were entitled to be absorbed---Validity---Petitioners could not be permitted to plead different case than what they pleaded before High Court---Case of petitioners was different in constitutional petitions than what had been canvassed before Supreme Court---Petitioner having pursued their remedy before High Court. and Supreme Court for grievance of their appointment on expiry of their training period could not be permitted under law to come again with the same prayer before Supreme Court on some other pretext by concealing and suppressing earlier litigation having gone between the parties---Petitioners had conceded to undergo training for two years against fixed stipend with no guarantee or undertaking from respondent-Company for their absorption or appointment---Petitioners could not agitate the plea that they be absorbed and appointed considering also the fact that earlier also they were declined such relief---Supreme Court declined to interfere with the passed by High Court---Leave to appeal was refused. Shamsul Arfin and others v. Government of Pakistan and others 1999 MLD 3446; Muhammad Azam Suhail and others v. Government of Pakistan and others 1998 SCMR 1549 and Managing Director Sui Southern Gas Company Ltd. v. Ghulam Abbas PLD 2003 SC 724 ref. JUDGMENT HAMID ALI MIRZA, J.--- These four civil petitions for leave to appeal are directed…

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