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1999 SCMR 2243

Agha SALIM KHURSHID, MEMBER NATIONAL INDUSTRIAL RELATIONS

Citation1999 SCMR 2243
CourtSupreme Court of Pakistan
Judge(s)Sh. Riaz Ahmad, Munir A. Sheikh
ResultPetition dismissed

' MUNIR A. SHEIKH, J.---Through this petition, leave to appeal is sought against the remarks made against the petitioner in paragraphs 5 and 6 of the judgment dated 26-2-1997 passed in Writ Petition No,485 of 1997 by the Lahore High Court, seeking expungment of the same.

2. The petitioner was Member of N.I.R.C. Who decided a grievance petition through order dated 30- 12-1996 which was challenged in Writ Petition No,485 of 1997 before the High Court which was accepted through judgment, dated 26-2-1997 and the learned Judge in Chamber made impugned remarks about his performance keeping in view the manner in which the petitioner dealt with the case and passed order impugned in the writ petition.

3. We have been informed that the petitioner has ceased to be the Member of the N.I.R.C. The petition before the N.I.R.C. Which was heard by the petitioner was dismissed for non-prosecution on 26-11-1996. An application for its restoration was filed on 29-12-1996 which was allowed without serving notice on the opposite party i.e,, the writ petitioner and fixed the same for hearing for 30-12- 1996 on which date the order impugned in the writ petition was passed. Keeping in view this aspect of the case that the petitioner showed haste in passing the order for restoration of the petition without service of notice on the other party and proceeding to pass an order on the next day without affording opportunity to the writ petitioner, the learned Judge was justified in making the impugned observations.

4. We are not disposed in our discretion vested in the Court under Article 185 of the Constitution to interfere in the matter as the observations made by the learned Judge of the High Court in these circumstances do not suffer from any illegality, therefore, this petition is hereby dismissed and leave to appeal refused.

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