Mufti MUSHTAQ AHMAD vs THE DIVISIONAL SUPERINTENDENT, PAKISTAN — 1971 PLD 756

Citation: 1971 PLD 756

Court: Lahore High Court

Year: 1970

Decision Date: 1970-12-31

Parties: Mufti MUSHTAQ AHMAD vs THE DIVISIONAL SUPERINTENDENT, PAKISTAN JUDGMENT

Headnotes

Case cited as PLD 1971 Lahore 756

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Fazle Ghani Khan Title:Mufti MUSHTAQ AHMAD vs THE DIVISIONAL SUPERINTENDENT, PAKISTAN JUDGMENT Reported As: PLD 1971 Lahore 756 Result: Petition allowed Judgment JUDGMENT The following facts have given rise to the present Revision Petition under section 115, C. P. C. 2. Petitioner, Mufti Mushtaq Ahmad, was employed as a Ticket Collector by respondent Railway till 9th June 1953, when he was discharged from his service. He was successful in obtaining a declaratory decree in his favour from the Court of Additional District Judge, Lahore, on 15-4-1964 in which it was held that the order of his discharge from service was illegal. As a result of this declaration, he was re-instated on 3-9-1964. 3. The petitioner's efforts to get his wages from 9-6-1953 up to 2-9-1964 from the respondent bore no results and he was compelled to move the "Authority" under the Payment of Wages Act, 1936 (hereinafter called the Act) for the recovery of Rs, 20,680 for the period he was illegally kept off his duties. The application was resisted by the respondent who inter alia admitted that the period of the absence from duty from 9.6-1953 to 2-9-1964 has been treated as service but this was done only for a limited purpose of special contribution to the Provident Fund, without prejudice, pending finalization of de novo disciplinary action. It was further stated that the petitioner had been allowed 5% of his pay plus allowances for the period in dispute,…

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