DILNAWAZ ABBASI vs DAILY JEHAN PAKISTAN, ISLAMABAD R — 2023 PLC 233 IMPLEMENTATION-TRIBUNAL-FOR-NEWSPAPER-EMPL

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

DILNAWAZ ABBASI VS DAILY JEHAN PAKISTAN, ISLAMABAD R. 17---Newspaper Employees (Conditions of Service) Act (LVIII of 1973), S. 13---Civil Procedure Code (V of 1908), O.V, O. IX, R. 13 & O.XXI, R.30---Application to set-aside ex-parte order/judgment---Proceedings before the Implementation Tribunal for Newspaper Employees---Applicability of the Civil Procedure Code, 1908---Scope---On petition filed by a newspaper employee, Implementation Tribunal for Newspaper Employees ('Tribunal') passed ex-parte order/judgment against the respondent (management/ establishment of the newspaper)---Respondent (management/establishment of the newspaper) moved application to set-aside ex-parte order/judgment contending that notices were not served through alternate means/substitute service---Contention of the petitioner (newspaper employee ) was that the Civil Procedure Code, 1908, was not strict sensu applicable in the proceedings before the Tribunal---Validity---Although notices, were issued at addresses given by the petitioner (newspaper employee), however, there was nothing on record showing that the respondent (management/establishment of the newspaper) was served notice(s) thorough alternate means/ substitute service---Rule 17 of the Implementation Tribunal for Newspaper Employees (Procedure and Function) Rules, 1977, stipulated that the procedure prescribed under the Civil Procedure Code, 1908, with regard to civil suits, might be followed as far as the same could be made applicable in the proceedings before the Tribunal---In number of (previous) cases, the Tribunal had already invoked provisions of O. XXI, R. 30 of the Civil Procedure Code, 1908, for implementation of judgments passed by it (the Tribunal)---Justice should not be denied on the basis of technicalities rather a lis should be decided on merits---Tribunal set aside ex-parte order/ judgment having been passed in favour of the newspaper employee and against the management/establishment of the newspaper---Application was allowed subject to payment of costs, in circumstances.

DILNAWAZ ABBASI vs DAILY JEHAN PAKISTAN, ISLAMABAD R — 2023 PLC 233 IMPLEMENTATION-TRIBUNAL-FOR-NEWSPAPER-EMPLOYEE

Case information

Judgment text as reported

Other judgments reported in 2023 PLC