2004 PLP 25 (SCMR)
TEHSIL MUNICIPAL, ADMINISTRATION FAISALABAD CITY — Petitioner Versus MUHAMMAD SALEEM and another Respondents
| Citation | 2004 PLP 25 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Javed Iqbal and Faqir Muhammad Khokhar, JJ |
| Parties | TEHSIL MUNICIPAL, ADMINISTRATION FAISALABAD CITY — Petitioner Versus MUHAMMAD SALEEM and another Respondents |
| Primary Law | Factories Act (XXV of 1934) |
Q1: What are the key laws and sections cited in 2004 PLP 25 (SCMR)?
This judgment primarily cites: Factories Act (XXV of 1934) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP 25 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Javed Iqbal and Faqir Muhammad Khokhar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 25 (SCMR) (TEHSIL MUNICIPAL, ADMINISTRATION FAISALABAD CITY — Petitioner Versus MUHAMMAD SALEEM and another Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Farooq Hassan Naqvi, Advocate Supreme Court for Petitioner.
- N.A. Butt, Advocate Supreme Court for Respondents.
- Date of hearing: 2nd January, 2003.
- 2. Mr. N.A. Butt, Advocate Supreme Court for respondent is present and controverted the view-point taken by the learned counsel on behalf of the petitioner and submitted that the controversy could not be resolved unless and until evidence is recorded, which-is being recorded.
Headnotes / Summary
(On appeal from the judgment dated 14-10-2002 passed by the Lahore High Court, Lahore, in Writ Petition. No. 18452 of 2002).
S.2(i)
Constitution of Pakistan (1973), Art. 212 (3)
Contentions of petitioners were that impugned judgment was in violation of principles as laid down by Supreme Court in its judgment reported as PLD 2002 SC 452 and that petitioner being not involved in making, altering and preparing any article or substance with a view to its sale and transaction, provisions as contained in Cl. (i) in S.2 of Factories Act, 1934 were not applicable in his case
Respondent had controverted such contention of the petitioner and had submitted that controversy could not be resolved unless and until evidence was recorded
Dictum as laid down in case reported as PLD 2002 SC 452 appeared to have been ignored in the case
Contentions agitated by parties needing consideration, leave to appeal was granted and status quo was directed to be maintained. Town Committee; Ghakhar Mandi v. Authority Under the Payment of Wages Act, Gujranwala and 57 others PLD 2002 SC 452 ref.
Judgment & Decree
Town Committee; Ghakhar Mandi v. Authority Under the Payment of Wages Act, Gujranwala and 57 others PLD 2002 SC 452 ref. Syed Farooq Hassan Naqvi, Advocate Supreme Court for Petitioner. N.A. Butt, Advocate Supreme Court for Respondents. Date of hearing: 2nd January, 2003. It is, inter alia, contended that the judgment impugned is in violation of the principles as laid down in case titled Town Committee Ghakhar Mandi v. Authority under the Payment of Wages Act. Gujranwala and 57 others. (PLD 2002 SC 452). It is also contended that the 'petitioner is not involved in making, altering and preparing any Article or substance with a view to its sale and transportation and thus the provisions as contained in clause (j) in section 2 of the Factories Act. 1934, are not applicable in the case of the petitioner.
2. Mr. N.A. Butt, Advocate Supreme Court for respondent is present and controverted the view-point taken by the learned counsel on behalf of the petitioner and submitted that the controversy could not be resolved unless and until evidence is recorded, which-is being recorded.
3. Be that as it may in view of the dictum as laid down in Town Committee's case (supra), prima facie, it appears that it has been ignored.
4. The contentions agitated hereinabove on behalf of the parties need consideration. We are therefore, inclined to grant leave; meanwhile the status quo, is directed to be maintained. H.B.T./T-54/S Leave to appeal granted.