372/2023 H.C.A M/s National Refinery Limited (Appellant) V/S Syed Mansoor Ali and Others (Respondent)

372/2023 H.C.A M/s National Refinery Limited (Appellant) V/S Syed Mansoor Ali and Others (Respondent) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Jawad Akbar Sarwana Order Date: 14-NOV-23

Sub-section-2 of Section-3 provides an appeal to a Bench of two or more Judges of High Court from an order made by a single Judge of that Court under clause-1 of Article-199 of the Constitution of Islamic Republic of Pakistan, not being an order made under subparagraph (i) of paragraph (b) of that clause. To our understanding, it excludes an appeal in relation to a subject summarized in Article199(1)(b)(i), whereas, rest of the "subjects" of Article-199(1) have been subjected to appeal. Subject of dismissal of a claim made under Section-15 of the Payment of Wages Act, 1936 is already subjected to appeal under Section-17, but this is not the ???subject??? which could be impugned in any of the lower fora and hence neither appeal nor petition is a remedy. For the purpose of appeal under Law Reforms Ordinance or this appeal in particular wherefrom the impugned order has arisen, out of proceeding under Article-199 from a single Bench, we may sum-up by referring to Appellate side of Sindh Chief Court Rules. Rule-8 confers jurisdiction ordinarily exercised by two Judges of this Court, except otherwise provided by law in particular. Similarly Rule-9 discussed matter to be decided by single Judge of appellate side, not necessarily under Article-199 as there may be some miscellaneous lis etc. Such work (subject) assigned under Rule9 ibid is not the one impugned by the appellant before learned single Judge, hence jurisdiction was not vested and incorrectly exercised.