Death of petitioner

2020 YLR 147 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 440Power to call for record of inferior courtsOption with court to hear partiesDeath of petitionerRight of legal heirs to be heardScope

Petitioner's application seeking permission to pursue the criminal revision application filed by her deceased mother was dismissed

Validity

Revision application, competently filed and entertained, could not be rejected as abated on account of death of applicant whether complainant or accused

Section 440, Cr.P.C. provided that no party had any right to be heard either personally or by pleader, Court, when exercising its power of revision, if it deemed fit, hear any party either personally or through pleader

No right was created for parties in revision applications but the court for ends of justice could hear the parties concerned or those interested in the matter or even any other person if it considered that he would be assisting the court in coming to a just and correct decision

Application filed by deceased's legal heir was erroneously discarded

Once the court had issued process and entertained the revision application, it was enjoined upon the Court to dispose of the same on merits while the legal heirs could only invite attention of the court towards illegality or impropriety, if any, in the judgment of Trial Court

Constitutional petition was converted into a miscellaneous application and was allowed.

2012 PLC 434 LABOUR-APPELLANT-TRIBUNAL-PUNJAB Judicial Precedent

S. 46Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, R.17-AGrievance petition for regularization of serviceDeath of petitionerClaim for appointment of adult son of the petitioner

Petitioner, who was working in Irrigation Department as Beldar/Chowkidar on work charge basis, filed petition for regularization of his service

During the trial of grievance petition, petitioner expired leaving behind four sons and two daughters

Counsel for the petitioner had prayed that grievance petition be disposed of with the issuance of direction to the authorities to make appointment of adult son of deceased as Beldar/Chowkidar

Labour Court disposed of grievance petition with direction to the authorities to consider the application of adult son of deceased under humanitarian ground under R.17-A of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974

Department assailed said order by filing appeal, which was time-barred

Employee on work-charge basis having been excluded from the definition of "civil servant", under R.17-A of Civil Servant (Appointment and Conditions of Service) Rules, 1974; son of deceased employee could not be benefited from the provisions of said R.17-A and powers exercised by the Labour Court under R.17-A, was without jurisdiction

Impugned order of the Labour Court on humanitarian ground was nullity in the eyes of law

Labour Court was bound to decide and adjudicate the matter within parameters prescribed by law

Limitation would not run against void order

If there was any delay in filing appeal against the impugned void order, that would not hit the appeal

Appeal against order of Labour Court was allowed and impugned order was struck down, in circumstances.