2024 PLP 128 (PLC)
STATE Versus DAILY JINNAH, ISLAMABAD
| Citation | 2024 PLP 128 (PLC) |
| Forum / Court | Implementation Tribunal for Newspaper Employees |
| Bench Members | Shahid Mehmood Khokhar, Chairman |
| Parties | STATE Versus DAILY JINNAH, ISLAMABAD |
| Primary Law | Newspaper Employees (Conditions of Service) Act (LVIII of 1973) |
Q1: What are the key laws and sections cited in 2024 PLP 128 (PLC)?
This judgment primarily cites: Newspaper Employees (Conditions of Service) Act (LVIII of 1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2024 PLP 128 (PLC)?
The case was heard and decided by the Implementation Tribunal for Newspaper Employees bench comprising: Shahid Mehmood Khokhar, Chairman.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2024 PLP 128 (PLC) (STATE Versus DAILY JINNAH, ISLAMABAD). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo. for Respondent.
- SHAHID MEHMOOD KHOKHAR, CHAIRMAN.----On the last date of hearing, Chaudhary Sajjad Ali Advocate appeared and sought adjournment to file declaration for and on behalf of respondent management, which was granted in the interest of justice. Despite repeated calls, none has entered appearance on behalf of respondent management. Perusal of the order sheet reveals that respondent was issued a notice to file declaration under Section 13(6) of the Newspaper Employees (Conditions of Service) Act, 1973 read with Rule 7 of ITNE (Procedure and Function) Rules, 1977 on 30/12/020 and thereafter matter could not be heard due to non-availability of bench and subsequently, respondent was issued a notice on 16/12/2022 to appear on 22/12/2022 but none appeared on behalf of respondent establishment and case was adjourned for 27/01/2022. On the said date, Chaudhary Sajjad Ali, Advocate submitted his power of attorney and requested to grant sometime enabling him for submission of time to file declaration, which was acceded to and case was adjourned for 29/03/2023. On 29/03/2023, Chaudhary Sajjad Ali, Advocate appeared and made a request for extension of time, which was also allowed and case was adjourned for 23/05/2023. On the said date, Mr. Salem Barlas, Marketing Manager, Daily Jinnah, Islamabad entered appearance and submitted that his counsel is unable to attend the Tribunal due to his pre-occupation and on his request, last and final opportunity was granted to file declaration along with other relevant documents as required by this Tribunal and matter was adjourned for 18/07/2023. On 18/07/2023, Chaudhary Sajjad Ali Advocate appeared and again sought another adjournment, which was also granted but at the same time it was made clear that no further adjournment shall be granted on any pretext whatsoever and matter was posted for 12/09/2023, when Chaudhary Sajjad Ali Advocate submitted declaration issued by District Magistrate and did not submit declaration as required by this Tribunal and he was given another opportunity to do the needful and matter was adjourned for 24/10/2023. Again on the said date, Chaudhary Sajjad Ali, Advocate made a request, which was also granted and matter was adjourned for today but nothing has been done till date.
Headnotes / Summary
S. 13
Implementation Tribunal for Newspaper Employees (Procedure and Function) Rules, 1977, R. 17
Filing of declaration by the Newspaper Management / Establishment, failure of
Effect
Conduct of the management
On petition filed by the State before the Implementation Tribunal for Newspaper Employees, the respondent / management applied delaying tactics in submitting declaration before it (Tribunal)
Record revealed that almost three years ago, for the first time, the respondent/management was issued notice to file declaration under S.13(6) of Newspaper Employees (Conditions of Service) Act, 1973, read with Implementation Tribunal for Newspaper Employees (Procedure and Function) Rules, 1977
Thereafter, though matter could not be heard due to non-availability of the Bench, however, subsequently a notice was again issued on which appearance on the behalf of the respondent was made through counsel who requested some time to file declaration
Adjournments had continually been sought by the respondent/management, at least five times spanning over eight months, on one pretext or other without submitting declaration
Conduct of the respondent showed that it was using delaying tactics to avoid submission of declaration as required by the Implementation Tribunal for Newspaper Employees under S.13(6) of the Newspaper Employees (Conditions of Service) Act, 1973 and R. 17 of the Implementation Tribunal for Newspaper Employees (Procedure and Function) Rules, 1977
Therefore, Implementation Tribunal for Newspaper Employees was left with no other option but to issue a direction to the Secretary, Ministry of Information and Broadcasting, as well as other concerned departments to suspend name of the Respondent/Management with immediate effect
Petition filed by the State was disposed of accordingly. Muhammad Zubair, Assistant Registrar (Judicial) for the State.
Judgment & Decree
SHAHID MEHMOOD KHOKHAR, CHAIRMAN.
On the last date of hearing, Chaudhary Sajjad Ali Advocate appeared and sought adjournment to file declaration for and on behalf of respondent management, which was granted in the interest of justice. Despite repeated calls, none has entered appearance on behalf of respondent management. Perusal of the order sheet reveals that respondent was issued a notice to file declaration under Section 13(6) of the Newspaper Employees (Conditions of Service) Act, 1973 read with Rule 7 of ITNE (Procedure and Function) Rules, 1977 on 30/12/020 and thereafter matter could not be heard due to non-availability of bench and subsequently, respondent was issued a notice on 16/12/2022 to appear on 22/12/2022 but none appeared on behalf of respondent establishment and case was adjourned for 27/01/2022. On the said date, Chaudhary Sajjad Ali, Advocate submitted his power of attorney and requested to grant sometime enabling him for submission of time to file declaration, which was acceded to and case was adjourned for 29/03/2023. On 29/03/2023, Chaudhary Sajjad Ali, Advocate appeared and made a request for extension of time, which was also allowed and case was adjourned for 23/05/2023. On the said date, Mr. Salem Barlas, Marketing Manager, Daily Jinnah, Islamabad entered appearance and submitted that his counsel is unable to attend the Tribunal due to his pre-occupation and on his request, last and final opportunity was granted to file declaration along with other relevant documents as required by this Tribunal and matter was adjourned for 18/07/2023. On 18/07/2023, Chaudhary Sajjad Ali Advocate appeared and again sought another adjournment, which was also granted but at the same time it was made clear that no further adjournment shall be granted on any pretext whatsoever and matter was posted for 12/09/2023, when Chaudhary Sajjad Ali Advocate submitted declaration issued by District Magistrate and did not submit declaration as required by this Tribunal and he was given another opportunity to do the needful and matter was adjourned for 24/10/2023. Again on the said date, Chaudhary Sajjad Ali, Advocate made a request, which was also granted and matter was adjourned for today but nothing has been done till date.
2. In view of the above, it is apparently clear from the conduct of the respondent that respondent is using delaying tactics to avoid submission of declaration as required by this Tribunal under Section 13(6) of the Newspaper Employees (Conditions of Service) Act, 1973 read with Rule 7 of the ITNE (Procedure and Function) Rules, 1977. Therefore, this Tribunal is left with no other option but to issue a direction to the Secretary, Ministry of Information and Broadcasting, Government of Pakistan, EDG, Press Information Department, Islamabad, Secretary, Information Department, Government of Punjab as well as DGPR, Government of Punjab to suspend name of Daily Jinnah, Islamabad from Central Media List being maintained by their respective Governments / departments with immediate effect and until further orders. Office is directed to send a copy of this order along with notice to the above named Government officials for its compliance and report.
3. Adjourned for 15/12/2023. MQ/6/ITNE Order accordingly.