1990 PLP 13 (PLC)
WAPDA Versus MUHAMMAD ASLAM and another
| Citation | 1990 PLP 13 (PLC) |
| Forum / Court | Karachi High Court |
| Bench Members | Ajmal Mian, CJ and Abdul Rahim Kazi, J |
| Parties | WAPDA Versus MUHAMMAD ASLAM and another |
| Primary Law | Pakistan Essential Services (Maintenance) Act (LIII of 1952)‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 13 (PLC)?
This judgment primarily cites: Pakistan Essential Services (Maintenance) Act (LIII of 1952)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 13 (PLC)?
The case was heard and decided by the Karachi High Court bench comprising: Ajmal Mian, CJ and Abdul Rahim Kazi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 13 (PLC) (WAPDA Versus MUHAMMAD ASLAM and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Fariduddin for Petitioner.
- Zaheer Ahmed Arain for Respondent No. 1.
- Date of hearing: 19th January, 1989.
- 2 had no jurisdiction. The reliance has been placed on the case of Karachi Electric Supply Corporation Ltd. v. National Industrial Relations Commission (P L D 1982 S C 113), in which the Honourable Supreme Court has taken the view that the NIRC had no jurisdiction in respect of the employees of the KESC as the Essential Services Act was applicable the order, therefore, is without jurisdiction. However, the learned counsel for respondent, I, Mr. Zaheer Ahmed Arain, has submitted that the petitioner by their subsequent orders dated 10‑11‑1985, and 21‑1‑1988 have regularized respondent's service and he has been working with the petitioner.
- We would allow the above petition and declare the above impugned order as being without lawful authority but observe that this would not affect the subsequent orders passed by the petitioner for regularisation of respondent's service. However, we may record that Mr. Fariduddin Advocate has submitted that he has no instructions on the question whether factually the petitioner had regularised the service.
Headnotes / Summary
‑‑‑S.3‑‑Act being applicable to WAPDA, National Industrial Relations Commission had no jurisdiction in respect of employees of WAPDA‑‑Order passed by Commission in respect of employee of WAPDA was declared to be without lawful authority and without legal effect. Karachi Electric Supply Corporation Ltd. v. National Industrial Relations Commission P L D 1982 S C 113 rel.
Judgment & Decree
Fariduddin for Petitioner. Zaheer Ahmed Arain for Respondent No.
1. Date of hearing: 19th January, 1989. AJMAL MIAN, C.J.‑‑The petitioner, by this petition, has impugned the order dated 20‑12‑1980, passed by respondent No.2, N.I.R.C., in respect of respondent No.l. The above petition has been filed on the ground that since the Essential Services Act, 1952, was applicable to the employees of the petitioner, respondent 2 had no jurisdiction. The reliance has been placed on the case of Karachi Electric Supply Corporation Ltd. v. National Industrial Relations Commission (P L D 1982 S C 113), in which the Honourable Supreme Court has taken the view that the NIRC had no jurisdiction in respect of the employees of the KESC as the Essential Services Act was applicable the order, therefore, is without jurisdiction. However, the learned counsel for respondent, I, Mr. Zaheer Ahmed Arain, has submitted that the petitioner by their subsequent orders dated 10‑11‑1985, and 21‑1‑1988 have regularized respondent's service and he has been working with the petitioner. We would allow the above petition and declare the above impugned order as being without lawful authority but observe that this would not affect the subsequent orders passed by the petitioner for regularisation of respondent's service. However, we may record that Mr. Fariduddin Advocate has submitted that he has no instructions on the question whether factually the petitioner had regularised the service. The petition stands disposed of with no order as to costs. M.Y.H./W‑49/K Petition allowed.