1. ' JAMAL KHAN MANDOKHAIL, J.---Through the instant application the applicants levelled an allegation that the respondents have violated the order of the hon'ble Supreme Court of Pakistan, dated 10-4-1985 passed in Civil Appeals Nos.47-Q and 48-Q of 1983, as such, prayed as under:- "It is, therefore, respectfully prayed that this honourable Court may be pleased to call upon the Divisional Superintendents, Pakistan Railways, Quetta. i.e, the respondents Nos.3 to 10 and punish them under the law, for their contumacious and wilful disobedience towards the judgement dated 10-4-1985, announced by their Lordship, honourble Supreme Court of Pakistan, in the interest of law and justice."
2. ' The relevant portion of the order of the Hon'ble Supreme Court of Pakistan, is reproduced herein below for ready reference:- "After careful perusal of Rules 221 and 509 aforesaid and the letters in question we have reached the conclusion that there is no inconsistency between the two. In our view the aforementioned statutory rules deal with a situation with is different from the situation dealt with in the letter of the Finance. Ministry as applied to all categories of railway servants. In this view of the matter, Rules 221 and 509 of the Railway Establishment Code do not debar the respondents from obtaining the benefit which the Court below have found to be admissible to them.
3. ' No ground for interference with the judgment of the courts below, therefore, exists. Both these appeals are, accordingly dismissed but the parties are left to bear their own costs. Sdl- Muhammad Afzal Zulla J. Sd/- Nasim Hasan Shah J. Sd/- Abdul Kadir Shaikh, J.
4. ' Learned counsel for the applicants stated that the order of Hon'ble Supreme Court of Pakistan; is self explanatory and has already been followed by the Railway Authorities uptill 2001. According to him, since they have stopped the payment to the applicants, therefore, their action amounts to disobedience and violation of the order, as such, are liable to be proceeded with, under Article 204 of the Constitution of the Islamic Republic of Pakistan, as well as under the Contempt of the Court Act. Learned counsel in support of his arguments, relied on a judgment in a case titled ICI Pakistan Ltd./Soda Ash Works, Khewra, District Jhelum v. Zila Council, Jhelum reported in 1994 M LD 235 (Lahore).
5. ' The learned Standing Counsel and learned counsel for the respondents contested the application and stated that no direction has been given by the Hon'ble Supreme Court of Pakistan, therefore, the respondents have not violated the order. According to them, since no contempt has been committed by the respondents, therefore, the contempt application is not maintainable and deserves dismissal.
6. ' We have heard the learned counsel for the parties and have perused the record. It is to be noted that the Hon'ble Supreme Court of Pakistan, in its order has made an observation that the Notification (Subject-matter of that petition) is not in conflict with the Rules 221 and 509 of the Pakistan Railway Establishment Code (Vol:IV). It is also clarified that the said Rules do not debar the respondents (present applicants) from obtaining the benefits. The order does not reflect any specific direction by the Hon'ble Supreme Court of Pakistan, rather it is of a general nature only specifying the rights of the applicants. It is true that the Railway AuthOrities were paying the dues pursuant to the Notification but according to the applicants, the respondents have now stopped the payment to the applicants. In our view the non-payment, if any, on the .Part of the Railway Authorities should at the best be considered as denial of the rights of the applicants, but it does not mean that the respondents have violated and disobeyed the order of the Hon'ble Supreme Court of Pakistan, of course, the applicants have the right to approach the competent Court of law, heaving jurisdiction in the matter, in case of infringement of their right. The applicants can refer the order of the Hon'ble Supreme Court of Pakistan, for the guidance and assistance of the court.
7. ' Under Articles 187 and 190 of the Constitution of Islamic Republic of Pakistan, the High Court has the power to execute the order of the Hon'ble Supreme Court of Pakistan, subject to the condition that it must be executable. As discussed above, that the order is of a general nature and no specific direction has been given, therefore, it is neither executable nor denial of payment to the applicants by the respondents is a violation of the order of the Hon'ble Supreme Court.
8. ' Thus, in view of above, the contempt application is not maintainable, as such, is dismissed with no order as. To costs.
9. ' The application filed in the year, 2004 involved a legal point, therefore, it should have been decided by this court at the earliest, but due to rush of work, could not be decided. The applicants should not be penalized for the act of the court or for the wrong advice of their counsel for availing remedy in a wrong forum. The applicants are therefore, at liberty to avail proper remedy for redressal of their grievances, if any, in accordance with law, subject to all just legal exceptions.
10. However, the time consumed during the pendency of the application, should not be a hurdle in the way of applicants, in case, they avail their remedy before a proper forum, within 60 days, starting from 31-5-2011.
11. ' The application is accordingly disposed of.