5281/2021 Const. P. Ayaz Ahmed and Othes (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Salahuddin Panhwar(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon
Order Date: 07-SEP-21
relieving letters of employer (SSGC Limited/respondents No.2 and 3) is against the spirit of the judgment and that paragraph 61 of the judgment cannot be treated as against the petitioners, hence SSGC has taken wrong decision in interpretation of that judgment--It is settled principle of law that promulgation of Ordinances are passed only when the assembly is not in session. The Ordinances are meant to deal with a situation of emergency required to be endorsed by the Assembly--Without prejudice to the above, it may safely be added that interpretation may be done of the judgment of Honourable Apex Court but such course would not be available when the consequence of judgment of Honourable Apex Court is being challenged while referring to interpretation thereof by this Court. If such view is allowed to hold the field, the same shall open the rooms for making a challenge to consequences of judgment(s) of Honourable Apex Court which, we would insist, may prejudice the binding effect thereof, as insisted by Article 189 of the Constitution. In the instant matter, the authority claims to have passed the order in compliance of the judgment of Honourable Apex Court. The legal position, being so, leave us with no other option but to add that appropriate remedy to challenge the consequence of judgment of Honourable Apex Court is only by approaching the Apex Court. The instant petition, being incompetent, is dismissed in limine.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
let us know.