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Petitioner: DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, LAHORE VS Respondent: ABDUL MAJEED
Court Name: Lahore High Court Judge(s): Sardar Muhammad Abdul Ghafoor Khan Lodhi Title: DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, LAHORE vs ABDUL MAJEED Case No.: Appeal No, LHR-333 of 1987 Date of Judgment:1987-10-12 Reported As: 1990 PLC 500 Result: Appeal dismissed
JUDGMENT
JUDGMENT This is an appeal challenging the order dated 7-9-1987 recorded by learned Presiding Officer, Punjab Labour Court No,3, Lahore at Ferozewala whereby application for setting aside ex parte decree has been returned for want of territorial jurisdiction. 2. The facts are that when the main grievance petition was brought and decided by the learned Punjab Labour Court No,3, it had territorial jurisdiction. In March, 1987 notification was issued according to which the learned Court No,3 ceased to have territorial jurisdiction. The petition for setting aside ex parte decision was lodged after the notification was passed. Learned counsel for the appellant argues that since the main petition was disposed of by learned Court No,3, therefore, only that Court can decide the application for setting aside ex parte decision and no other Court has jurisdiction. The argument is not tenable. When grievance petitions are to he returned if the Court ceases to have territorial jurisdiction how a petition for setting aside ex parte decision can be decided by the Court which has ceased to have jurisdiction. Since now learned Court No,3 has no jurisdiction, the order of return of the petition cannot be challenged. 3. As a result the appeal is dismissed in limine.
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