FAUJI FERTILIZER COMPANY LIMITED vs Syed JAWED ALI SHAH S — 2023 PLC 125 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PLC 125 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PLC
Parties: FAUJI FERTILIZER COMPANY LIMITED vs Syed JAWED ALI SHAH S
Subject matter: Civil
Provisions referred to: S. 12

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

FAUJI FERTILIZER COMPANY LIMITED VS Syed JAWED ALI SHAH S. 12 (2)---Constitution of Pakistan, Art. 199---Reinstatement in service---Constitutional petition---Fraud, misrepresentation and lack of jurisdiction---Proof---Petitioner company aggrieved of reinstatement of respondents / employees in service by National Industrial Relation Commission preferred constitutional petitions which were dismissed as withdrawn---Petitioner company invoked jurisdiction of S.12(2), C.P.C. to seek setting aside of orders passed by High Court---Validity---There was no ground for a case of fraud or misrepresentation and application under S.12(2), C.P.C. was bereft of any assertion that could validly support a plea on either score---Failure to exercise jurisdiction was a concept far removed from that of a want of jurisdiction, which High Court did not suffer from---Petitioner company could not raise such a plea when it had itself came forward to invoke such jurisdiction and was seeking a decision on merits---High Court did not fail to exercise jurisdiction as the matter was heard and it was during the course of hearing when a certain view was tentatively expressed as to merits of the case that counsel appearing on behalf of petitioner company saw fit to stage what could, at best, be called a strategic retreat by withdrawing the petition, so as to fall back on the matter then pending before another Bench of High Court as a device to forestall encashment guarantees---High Court declined to interfere in the orders passed earlier, as application under S.12(2), C.P.C. was devoid of merit and misconceived---Application was dismissed, in circumstances.

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