| Case ID |
eac528ae-d239-480d-8dd6-421be72043ea |
| Body |
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| Case Number |
Intra-Court Appeal No.54 of 1995 in Writ Petition |
| Decision Date |
Mar 13, 1996 |
| Hearing Date |
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| Decision |
The appeal was dismissed as not maintainable. The court found that the employee had previously availed the remedy of appeal and revision against the original order of premature retirement. As per the provisions of the Law Reforms Ordinance, 1972, an Intra-Court Appeal is not maintainable where an appeal or revision is provided under the relevant statute. The court relied on previous judgments, stating that the right of appeal was already exercised, thus rendering the current appeal inadmissible. |
| Summary |
In the case of Intra-Court Appeal No.54 of 1995, the Lahore High Court addressed the issue of premature retirement of an employee from the Pakistan Railways. The court reviewed the employee's request for retirement and the subsequent grievances raised regarding the denial of that request. The case revolved around the Industrial Relations Ordinance, specifically Section 25-A, which provides for appeals and revisions against such orders. The court concluded that since the employee had already pursued the available legal remedies, the current appeal was not maintainable under the Law Reforms Ordinance, 1972. This decision reinforces the principle that a party cannot seek further appeals when adequate legal channels have already been utilized. The ruling emphasized adherence to statutory procedures and the limitations imposed on appeals, providing clarity on the judicial process in labor disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
IHSANULHAQ CHAUDHRY,
RAJA MUHAMMAD SABIR
|
| Lawyers |
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| Petitioners |
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| Respondents |
|
| Citations |
1996 SLD 491 = 1996 PLC 406
|
| Other Citations |
Mst. Karim Bibi v. Hussain Bakhsh and others PLD 1984 SC 344,
Muhammad Abdullah v. Deputy Settlement Commissioner, Central, Lahore PLD 1985 SC 107
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
Law Reforms Ordinance (XII of 1972)
|
| Sections |
25-A,
3(2)
|