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1995 PLC 559

Messrs SURRIDGE AND BEECHENO ADVOCATES AND SOLICITORS vs NAEEM

Citation1995 PLC 559
CourtLabour Appellate Tribunal
Case No.Suo Motu Revision No, Nil of 1986
Date1986-04-30
Judge(s)Ali Nawaz Budhani
ResultOrder accordingly

ORDER

1. ' Suo motu revision is to be entertained.

2. ' Heard Mr. S. Qamaruddin Hassan, Advocate.

3. The earlier order passed by Mr. Khadim Hussain Junejo is that the preliminary objection be heard first and the maintainability of the petition is got to be heard first and the second order reviewing the first appears to be erroneous. The definition of an 'Advocate' is according to Black's Law 18 Dictionary, IVth Edition is:-- "Advocate.- -One who assists, defends, or pleads for another: one who renders legal advice and aid and pleads the cause of another before a Court or a Tribunal, a counselor. Haverty Furniture Co. v. Foust, 174 Tenn. 203, 124 S.W. 2d 694, 697.

4. ' A person learned in the law, and duly admitted to practice, who assists his client with advice, and pleads for him in open Court. Halthouse.

5. ' An assistant; advisor; a pleader of causes."

6. ' I am also referred to 1981 PLC at page 498, where the definition of a `Lawyer' is given. It is as under:- - "Lawyers.- -Neither employees nor work for wages but representatives or advisors of persons engaging them and engaged on fees--Payment of Wage Act, 1936 having application to wages and employees and such attributes being not applicable to lawyers, Authority under Payment of Wages Act, 1936, held, possessed no jurisdiction to entertain application for payment of retainership fees or fees for cases, handled by petitioner lawyer."

7. In the end, it is hereby ordered that the preliminary objections, as ordered by Mr. Khadim Hussain Junejo, are to be heard first.

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