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Petitioner: MASOOD AKHTAR VS Respondent: WATER AND POWER DEVELOPMENT AUTHORITY
Court Name: Lahore High Court Judge(s): Hafiz Tariq Nasim Title: MASOOD AKHTAR vs WATER AND POWER DEVELOPMENT AUTHORITY Case No.: Labour Appeal No,404 of 2007 Date of Judgment:2008-09-12 Reported As: 2009 PLC 290 Result: Appeal dismissed
JUDGMENT
JUDGMENT ' HAFIZ TARIQ NASIM, J.--- Facts leading to this appeal are that appellant filed petition under section 46 of the I.R.O., 2002 before the Punjab Labour Court No,1, Lahore, which was dismissed on the strength of law laid down in the case of Raja Riaz v. Chairman Pakistan Space and Upper Atmosphere Research Commission, Karachi (C.P. No,722 of 2007). 2. The only point involved in this case is that whether the learned Presiding Officer, Punjab Labour Court No,1, Lahore, was justified in dismissing the appellant's petition or not. 3. It is an admitted position that the Honourable Supreme Court of Pakistan once for all resolved the issue that Registrar/Deputy Registrar has no authority to 'pass an abatement order in any appeal whereas it should have been presented before a Bench of the Tribunal. In the present case the situation is the same, the appellant approached the Federal Service Tribunal, his appeal was ordered to be abated by the Registrar, which could not have been abated as per terms of the judgment of the Honourable Supreme Court of Pakistan (supra). The learned Labour Court did not commit any illegality while passing the impugned order, thus this appeal being without any force is dismissed.