1976 PLP 305(1) (PLC)
MANZOORUL HAMEED Versus UMATUL HAFEEZ AND OTHERS
| Citation | 1976 PLP 305(1) (PLC) |
| Forum / Court | ‑‑‑ S. 30(4) inserted vide Labour Laws (Amendment) Ordinance (XII of 1974) and Constitution of Pakistan (1973), Art. 175(2)‑Revision Powers exercisable only if conferred by constitution or law‑High Court's revisional powers under S. 115 of Civil Procedure Code, 1908 not available to Labour Appellate Tribunal‑No powers to hear revision conferred by Workmen's Compensation Act, 190 on Appellate Tribunal‑Labour Appellate Tribunal, held, has no jurisdiction to hear revision against order of Commissioner. |
| Bench Members | M. Jamil Asghar, Appellate Tribunal |
| Parties | MANZOORUL HAMEED Versus UMATUL HAFEEZ AND OTHERS |
Q1: What are the key laws and sections cited in 1976 PLP 305(1) (PLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1976 PLP 305(1) (PLC)?
The case was heard and decided by the ‑‑‑ S. 30(4) inserted vide Labour Laws (Amendment) Ordinance (XII of 1974) and Constitution of Pakistan (1973), Art. 175(2)‑Revision Powers exercisable only if conferred by constitution or law‑High Court's revisional powers under S. 115 of Civil Procedure Code, 1908 not available to Labour Appellate Tribunal‑No powers to hear revision conferred by Workmen's Compensation Act, 190 on Appellate Tribunal‑Labour Appellate Tribunal, held, has no jurisdiction to hear revision against order of Commissioner. bench comprising: M. Jamil Asghar, Appellate Tribunal.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1976 PLP 305(1) (PLC) (MANZOORUL HAMEED Versus UMATUL HAFEEZ AND OTHERS). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Awan Muhammad Hanif Khan for Petitioner.
- Muhammad Iqbal for Respondent No. 1.
- Nemo for Respondent No. 2.
Headnotes / Summary
Workmen's Compensation Act (VIII of 1923) ‑‑‑ S. 30(4) [inserted vide Labour Laws (Amendment) Ordinance (XII of 1974)] and Constitution of Pakistan (1973), Art. 175(2)‑Revision Powers exercisable only if conferred by constitution or law‑High Court's revisional powers under S. 115 of Civil Procedure Code, 1908 not available to Labour Appellate Tribunal‑No powers to hear revision conferred by Workmen's Compensation Act, 190 on Appellate Tribunal‑Labour Appellate Tribunal, held, has no jurisdiction to hear revision against order of Commissioner.
Judgment & Decree
This is a revision against the order dated 1‑8‑1974 of the Commissioner for Workmen's Compensation, Sahiwal.
2. The first point for consideration is as to whether this revision is competent.
3. According to Article 175(2) of tile Constitution of the Islamic Republic of the Pakistan no Court shall have any jurisdiction save as is or may be conferred on it by the Constitution or by or under any law. Workmen's Compensation Act does not confer on the appellant authority the right to hear revision but the High Court prior to Labour Laws (Amendment) Ordinance XII of 1974 used to hear revisions by virtue of the right conferred upon it by section 115 of the Code of Civil Procedure. In view of the aforementioned amendment Labour Appellate Tribunal has been substituted in place of High Court as the appellate authority but no power has been conferred on it to hear revision either by Constitution or by or under any law. Section 115, Civil Procedure Code only speaks of High Court and not the Labour Appellate Tribunal.
4. In view of the above this revision is not competent and is accordingly dismissed.