District Officer Labour vs Akbar Ali Regln — 2025 MLD 766 LAHORE-HIGH-COURT-LAHORE

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District Officer Labour VS Akbar Ali Regln. No.9(ii)---Punjab Workers Welfare Board Housing Scheme Policy, 2002, Cls. 3.18 & 3.19---Allotment of plot to employee of Labour Department ---Allottee, entitlement of --- Alienation of such plot , bar on---Labour Department assailed concurrent ex-parte findings whereby claim of plaintiff (buyer) was decreed regarding agreement / purchase of plot having been allotted to employee of Labour Department (defendant/seller)--- Validity --- Admittedly , the allotment of plot-in-question was cancelled after issuing notice to the allottee--- As per Regln. No.9(ii) of the Punjab Province Workers' Plots Allotment Regulations, 1976 , the allottee shall not be entitled to sublet, mortgage, or sell the plot and any infringement will render the allottee and/or his lessee / mortgager/ purchaser or both liable to ejectment from the plot-in-question and cancellation of the allotment ---Punjab Workers' Welfare Board Housing Scheme Policy 2002 (' the Policy ') was later introduced and as per cl. 3.18 of the Policy, the authority is competent to cancel the allotment , against which ( cancellation ) , remedy of an appeal is provided in cl. 3.19 of the Policy ---Plot-in-question was cancelled but no appeal was filed by allottee --- When the defendant had no title, no effective decree could be passed and this material and legal fact was not considered by the courts below and on the basis of concealment of fact and fraud the decree was obtained ---Allotment order was produced /exhibited but cancellation order was not produced--- Admittedly , the suit-property was public property and while passing the ex-parte decree/order it was the duty of the court to keep its eyes open with regard to legal and factual aspects involved in suit with the object to protect public interest and public property being its ultimate custodian ---Furthermore, the respondent /plaintiff had not arrayed the Province of the Punjab as party in the suit and in the absence of a necessary party, no effective decree or order could be passed---As the decisions of the lower courts below suffered from blatant non-reading of record as well as mis-application of law, the same were not sustainable in the eyes of law and were liable to be set-aside---High Court set-aside impugned judgments and decrees passed by the both the Courts below and matter was remanded to the Trial Court to implead the Province of the Punjab as party in the lis, obtain written statement from defendants and then decide the matter on merits--- Constitutional petition was allowed accordingly.

District Officer Labour vs Akbar Ali Regln — 2025 MLD 766 LAHORE-HIGH-COURT-LAHORE

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