1987 PLP 1952 (SCMR)
MUHAMMAD ISHAQ — Appellant Versus WATER AND POWER DEVELOPMENT AUTHORITY — Respondent
| Citation | 1987 PLP 1952 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Abdul Kadir Shaikh, Ali Hussain Qazilbash, and Mian Burhanuddin Khan, JJ |
| Parties | MUHAMMAD ISHAQ — Appellant Versus WATER AND POWER DEVELOPMENT AUTHORITY — Respondent |
| Primary Law | West Pakistan Water and Power Development Authority Act (XXXI of 1958) |
Q1: What are the key laws and sections cited in 1987 PLP 1952 (SCMR)?
This judgment primarily cites: West Pakistan Water and Power Development Authority Act (XXXI of 1958) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 1952 (SCMR)?
The case was heard and decided by the High Court bench comprising: Abdul Kadir Shaikh, Ali Hussain Qazilbash, and Mian Burhanuddin Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 1952 (SCMR) (MUHAMMAD ISHAQ — Appellant Versus WATER AND POWER DEVELOPMENT AUTHORITY — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Akhtar Ali Advocate-on-Record for Appellant.
- Asif Hussain Siddiqui, Advocate Supreme Court and Imtiaz Muhammad Khan Advocate-on-Record for Respondent.
- Date of hearing: 26th October, 1986.
Headnotes / Summary
(From the judgment of the Federal Service Tribunal, dated 23-7-1984, passed in Appeal No.40(R) of 1983).
S. 17(1- A) (1-C)--Service Tribunals Act (LXX of 1973), S. 4- Removal from service--WAPDA employee--Jurisdiction of Service Tribunal--Time-barred appeal--Question of jurisdiction of Service Tribunal finally resolved by Supreme Court in case reported as 1986 S C M R 18--No plausible explanation for delay in filing appeal beyond period of limitation given--Decision of Service Tribunal dismissing appeal as time-barred upheld. WAPDA v. Muhammad Arshad Qureshi 1986 S C M R 18 ref.
Judgment & Decree
ALI HUSSAIN QAZILBASH, J.--This is an appeal by leave against the order of the Federal Service Tribunal, dated 23-7-1984, whereby the appeal filed by Muhammad Ishaq appellant was dismissed as barred by time.
2. The appellant joined WAPDA service as an Assistant Linesman on work charge basis in 1977 and was declared regular Assistant Linesman on 25-3-1978. In 1980 he was promoted to Linesman Grade-II. It was on 12-1-1983 that the appellant was removed from service under section 17(1-A) of the WAPDA Act, 1958, with effect from 12-1-1983. The appellant first approached the departmental authorities and then filed the appeal before the Federal Service Tribunal on 10-3-1983 which was dismissed by the Tribunal as barred by time.
3. Leave in this case was granted to consider whether in view of the complete ouster of jurisdiction under section 17(1-C) of the WAPDA Act, 1958, the learned Tribunal could assume jurisdiction and interfere with the orders of the WAPDA in respect of persons employed or serving under it.
4. We have heard the learned counsel for the parties. As for the question of jurisdiction of the Tribunal, this point stands finally resolved by this Court in the case reported as WAPDA v. Muhammad Arshad Qureshi 1986 S C M R
18. So far as the appeal before the Tribunal is concerned, the appellant had in fact filed it beyond the period of limitation and the explanation furnished by him was not found plausible. We, therefore, see no ground to interfere and thus uphold the decision of the learned Service Tribunal.
5. This appeal is thus dismissed. M.I./M-185/S Appeal dismissed.