PLC(CS) 1995

1995 PLP 559 (PLC(CS))

Messrs SURRIDGE AND BEECHENO ADVOCATES AND SOLICITORS Versus NAEEM AHMED

Jurisdiction / Court
Labour Appellate Tribunal Sindh
Decided Date
Suo Motu Revision No. Nil of 1986, decided on 30th April, 1986.
Honorable Judges
Ali Nawaz Budhani, Appellate Tribunal
Case Reference Summary (AEO Optimized)
Citation 1995 PLP 559 (PLC(CS))
Forum / Court Labour Appellate Tribunal Sindh
Bench Members Ali Nawaz Budhani, Appellate Tribunal
Parties Messrs SURRIDGE AND BEECHENO ADVOCATES AND SOLICITORS Versus NAEEM AHMED
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1995 PLP 559 (PLC(CS))?

This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1995 PLP 559 (PLC(CS))?

The case was heard and decided by the Labour Appellate Tribunal Sindh bench comprising: Ali Nawaz Budhani, Appellate Tribunal.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1995 PLP 559 (PLC(CS)) (Messrs SURRIDGE AND BEECHENO ADVOCATES AND SOLICITORS Versus NAEEM AHMED). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Representation

  • Messrs SURRIDGE AND BEECHENO ADVOCATES AND SOLICITORS
  • ‑‑‑‑Term "Advocate"‑‑‑Meanings explained.
  • S. Qamaruddin, Advocate.
  • Heard Mr. S. Qamaruddin Hassan, Advocate.
  • The earlier order passed by Mr. Khadim Hussain Junejo is that the preliminary objection be heard first and the maintainability of the petition is got to be heard first and the second order reviewing the first appears to be erroneous. The definition of an `Advocate' is according to Black's Law Dictionary, IVth Edition is: ‑‑
  • "Advocate.‑‑One who assists, defends, or pleads for another: one who renders legal advice and aid and pleads the cause of another before a Court or a Tribunal, a counselor. Haverty Furniture Co. v. Foust, 174 Tenn. 203, 124 S.W. 2d 694, 697.

Headnotes / Summary

(a) Words and phrases‑‑‑ ‑‑‑‑Term "Advocate"‑‑‑Meanings explained. Black's Law Dictionary, IVth Edn.,Haverty Furniture Co. v. Foust 174 Tenn‑ 203, 124 S.W. 2d 694, 697 and 1981 PLC 498 rel. (b) Industrial Relations Ordinance (XXIII of 1969)‑‑‑ ‑‑‑‑Ss. 25‑A, 36 & 38(3‑a)‑‑‑Preliminary objection as to maintainability of petition was to be heard first‑‑‑Appellate Tribunal entertaining suo Motu revision and ordering Labour Court to first hear preliminary objection regarding maintainability of petition. S. Qamaruddin, Advocate.

Judgment & Decree

S. Qamaruddin, Advocate. Suo Motu revision is to be entertained. Heard Mr. S. Qamaruddin Hassan, Advocate. The earlier order passed by Mr. Khadim Hussain Junejo is that the preliminary objection be heard first and the maintainability of the petition is got to be heard first and the second order reviewing the first appears to be erroneous. The definition of an `Advocate' is according to Black's Law Dictionary, IVth Edition is: ‑‑ "Advocate.‑‑One who assists, defends, or pleads for another: one who renders legal advice and aid and pleads the cause of another before a Court or a Tribunal, a counselor. Haverty Furniture Co. v. Foust, 174 Tenn. 203, 124 S.W. 2d 694, 697. A person learned in the law, and duly admitted to practice, who assists his client with advice, and pleads for him in open Court. Halthouse. An assistant; advisor; a pleader of causes." I am also referred to 1981 PLC at page 498, where the definition of a `Lawyer' is given. It is as under: ‑‑ "Lawyers.‑‑Neither employees nor work for wages but representatives or advisors of persons engaging them and engaged on fees‑‑Payment of Wage Act, 1936 having application to wages and employees and such attributes being not applicable to lawyers, Authority under Payment of Wages Act, 1936, held, possessed no jurisdiction to entertain application for payment of retainership fees or fees for cases, handled by petitioner lawyer." In the end, it is hereby ordered that the preliminary objections, as ordered by Mr. Khadim Hussain Junejo, are to be heard first. A.E./857/Lb.S? ?????????????????????????????????????????????????????????????????????? ??????????? Order accordingly.