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K.L.R. 2009 Labour & Service Case 30

Abdul Hafeez And 7 Other vs Federation Of Pakistan Through Secretary,

CitationK.L.R. 2009 Labour & Service Case 30
CourtSindh High Court
Case No.Constitution Petition No. D-1644 of 2006
Date2008-04-02
Judge(s)Munib Ahmed Khan, Mrs. Yasmeen Abbasey
ResultCase remanded

ORDER

1. The basic contention, raised by the learned counsel for the Petitioner is that after the order of the Hon'ble Supreme Court in the case of Muhammad Mibin-us-Salam and another v. Federation of Pakistan reported in PLD 2006 SC 602, the Tribunal would have passed speaking order in each case but Tribunal adopted a practice to convey through the Assistant Registrar about the fate of the abetment of the petition. Learned counsel submits that the petition before the Tribunal is to be disposed of by a judicial and speaking order. And that to be passed by the Tribunal itself and not by the Assistant Registrar. He has referred to a case of Raja Riaz v. Chairman Pakistan Space and upper Atmosphere Research Commission, Karachi (SBLR 2008 SC 40) and submits that following 'the Authority the cases of the Petitioners may be ordered to be heard by the Tribunal and judicial order be passed.

2. There is no one present on behalf of the Respondents to rebut the contention of the learned counsel for the Petitioner but even otherwise on the face of it there appears to be non-compliance of the basic principle of natural justice as the order has not been passed by the Tribunal but the intimation has been given by the Assistant Registrar of the Tribunal. Moreover, keeping the above Authorities, referred by the learned counsel for the Petitioners, we find it proper to direct that the Tribunal to decide the matters of the Petitioner by a judicial order.

3. In consequence, the orders/directions passed in the appeals of the Petitioners and intimated by the Assistant Registrar are set aside. The petition stands disposed of.

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