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Constitutional Petition No. 1008 of 1973, decided on 27th May 1975.
‑‑ Ss. 34 & 37‑Appeal, competency of‑Petitioner not aware of High Court ruling that decision under S. 34 not being an award was not appealable and, therefore, not objecting to competency of appeal; hence allowed to raise objection‑Contention that petitioner without objecting to competency of appeal and participating in pro ceedings, not entitled to discretionary relief ex debtto justitiae-- Principle, held, applicable when petitioners shown to possess know ledge of incompetency of appeal and despite such knowledge allowing tribunal to commit an illegality‑Participation in proceedings in circumstances‑Could not confer jurisdiction or amount to waiver of right to challenge competency of appeal‑Appeal, held, incompetent and order passed on appeal coram non judice.
Muhammad Aqil v. Sind Labour Appellate Court P L J 1974 Kar. 252 and, Ghulam Mohiuddin v. Chief Settlement Commissioner, Lahore and others, P L D 1964 S C 829 ref.
Suleman and 3 others v. The Custodian of Evacuee Property, Lahore and 2 others P L D 1971 Lah. 77 held not applicable.
Mansab Ali v. Amir P L D 1971 S C 124 ; Chittaranjan Cotton Mills Ltd. v. Staff Union P L D 1971 S C 197 ; Rashid Ahmad v. State P L D 1972 S C 271 and Muhammad Afzal v. The Board of Revenue, West Pakistan and another P L D 1967 S C 314 ref.
-----S.50‑Interpretation of award or settlement‑Section visualises reference only to interpretation of award or settlement‑Tribunal taking into consideration a clause of settlement to ascertain entitle ment to statutory bonus and holding same not admissible‑Decision of Tribunal, held, a decision on appeal under S. 37 and not matter referred to it for opinion as to interpretation of any clause of settlement‑Appellate Tribunal could not decide appeal in contra distinction to another function of deciding reference under S. 50--- Industrial Relations Ordinance (XXIII of 1969), Ss. 37 & 38(3).
Piao Gul v. The State P L D 1960 S C 307 held not applicable.
Hassan A. Shaikh for Appellant.
Fazle Ghani for Respondent.
Dates of hearing : 23rd and 27th May 1975.
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