1994 PLP 1273 (SCMR)
THE LAHORE DEVELOPMENT AUTHORITY‑‑‑Petitioner Versus ABDUL SHAFIQUE and others‑‑‑Respondent
| Citation | 1994 PLP 1273 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Abdul Shakurul Salam and Muhammad Rafiq Tarar, JJ |
| Parties | THE LAHORE DEVELOPMENT AUTHORITY‑‑‑Petitioner Versus ABDUL SHAFIQUE and others‑‑‑Respondent |
| Primary Law | Lahore Development Authority Act (XX of 1975)‑‑‑ |
Q1: What are the key laws and sections cited in 1994 PLP 1273 (SCMR)?
This judgment primarily cites: Lahore Development Authority Act (XX of 1975)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 1273 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Abdul Shakurul Salam and Muhammad Rafiq Tarar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 1273 (SCMR) (THE LAHORE DEVELOPMENT AUTHORITY‑‑‑Petitioner Versus ABDUL SHAFIQUE and others‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- A.R. Arshad Malik, Advocate instructed by S. Abul Aasim Jafri, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 27th February, 1993.
Headnotes / Summary
(On appeal from the judgment dated 14‑7‑1992 of the Lahore High Court, Lahore passed in W.Ps. Nos. 2924/86, 6034/87, 4235/91, 7655/91, 9817/91, 9819/91, 9820/90, 3361/91, 3362/89, 1540/92, 9106/91 and 9110/91). ‑‑‑‑S. 45‑‑‑Lahore Development Authority (Appointment and Conditions of Service) Regulations, 1978‑‑‑West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, S. 4(9)‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Termination of services of employees by Authority‑‑‑Applicability of provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, for seeking grievance against termination‑‑‑Statutory rules of service framed‑under S. 45; Lahore Development Authority Act, 1975, though called Lahore Development Authority (Appointment and Conditions of Service) Regulations, 1978, but were promulgated in 1978 and approved by competent Authority‑‑ Interpretation of several statutes being involved, leave to appeal was granted to consider as to which of the provisions were applicable to the terminated employees.
Judgment & Decree
ABDUL SHAKURUL SALAM, J.‑‑‑This order will deal with C.Ps Nos. 994 to 1005/1, of 1992.
1. Petitioner Lahore Development Authority seeks leave to appeal against orders of a learned Judge of the Lahore High Court in Writ Petition No. 2924/86 dated 26‑5‑1992 and in connected matters.
2. Relevant facts are that the petitioner terminated the services of its employees, the respondents whereupon they successfully challenged the orders before the Labour Courts. The petitioner's Constitution petitions failed in the Lahore High Court.
3. Contention of the learned counsel for the petitioner is that West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 applies vide section 4(a) to "industrial or commercial establishment". Lahore Development Authority is not an industrial, nor a commercial establishment. In this view of the matter, the learned counsel submits that there is no need to go on to consider or apply the proviso which reads as follows:‑‑ "Provided that nothing in this Ordinance shall apply to industrial and commercial establishments carried on by or under the authority of the Federal or any Provincial Government, where statutory rules of service, conduct or discipline are applicable to the workmen employed therein." Contention is that the petitioner being neither industrial nor commercial establishment, its being carried on under the authority of the Provincial Government would not arise, though if it were such an establishment, it was under the Provincial Government. In that event statutory rules of service framed under section 45 of the Lahore Development Authority Act, though called regulation were promulgated in 1978 and approved by the competent Authority. Their publication in the Gazette subsequently would not affect their applicability as those were not required to be gazetted by the Statute. Interpretation of several statutes is involved. Therefore, leave to appeal is granted. A.A./L‑70/S Leave granted.