1994 PLP (C (PLC(CS))

Faqir Muhammad Khokhar, Dy A.‑G. for Respondents. Date of hearing: 12th June, 1993. MUNIR A. SHAIKH, J: ‑‑ This appeal under section 3 of the Law Reforms Ordinance, 1972 is directed against the order dated 6‑2‑1993 passed by the learned Single Judge through which Writ Petition No.10049 of 1991 filed by the petitioner, appellant against order passed by the Director‑General, Pakistan Broadcasting Corporation i.e. departmental authority in appeal through which the said appeal was dismissed.

2. Learned Deputy Attorney‑General has raised an objection regarding maintainability of this appeal viz. the appellant having availed of remedy of appeal available to her against the original order of her dismissal from service, therefore, this appeal is not maintainable.

3. Learned counsel for the appellant when questioned admitted that the appellant was an employee of Pakistan Broadcasting Corporation created under the Pakistan Broadcasting Corporation Act, 1973. The appellant was employee in Scale‑

4. According to the Rules/Regulations framed with the prior approval of the Federal Government, the disciplinary proceedings were initiated against the appellant and the penalty imposed on her was dismissal from service. Those Regulations provided a right of appeal against the said order without availing of which the appellant previously filed writ petition before this Court which was withdrawn to avail of remedy of appeal under the said Regulations to the higher departmental authority i.e. The Director General. The appeal filed by the appellant before the Director‑General was dismissed through order impugned in the writ petition. In view of this, it was argued that the appeal is not maintainable under section 3 of the Law Reforms Ordinance, 1972.

4. Learned counsel for the appellant when faced with this difficulty tried to overcome it by arguing that as a matter of fact the Regulations framed under the said Act, were not applicable to the case of the appellant whereas she was governed by West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, in the matter of disciplinary proceedings, the appellant being a workman and the Broadcasting Corporation being an industry. These points were neither raised by the appellant before the departmental authorities when they proceeded against her under the said Regulations framed under Pakistan Broadcasting Corporation Act, nor in the previous writ petition which was withdrawn by the appellant to avail of remedy of appeal under the said Regulations nor in the appeal filed by her before the departmental authority and thereafter in the present writ petition which has been dismissed through the impugned order.

5. This point has been raised for the first time in this appeal and we are not persuaded to allow the appellant to raise this point at this stage because it requires elaborate inquiry into disputed question of fact whether the Pakistan Broadcasting Corporation is an industry and by virtue of nature of the functions which the appellant was to perform she was a workman.

6. Since the case of the appellant was decided under Pakistan Broadcasting Corporation Act, 1973 and the Regulations framed thereunder, therefore, this appeal is not maintainable as the said law provided right of appeal against the original order of her dismissal from service, the appeal is not maintainable which is hereby dismissed with no order as to costs. H.B.T./N‑204/L I.C. Appeal dismissed.