ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C. P. No.D-1100    of  2009.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

13.01.2011.

For Katcha Peshi.

Messrs Imtiaz Ahmed Bhatti and Ashfaque Hussain Abro, advocates for the petitioner, alongwith petitioner.

Mr. Abdul Hamid Bhurgri, Addl. A. G., assisted by Mr. Abdul Rasheed Soomro, State Counsel.

Fazul Ahmed Junejo, Dy. Director (M.O.), Agriculture Marketing, Hyderabad, Ghulam Nabi Kalhoro, Dy. Director, Agriculture Marketing, Larkana and Muhammad Rafique Kehar, Asst. Director, Agriculture Marketing, Shikarpur.

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                   Through instant petition, the petitioner claims the outstanding amount of salaries, which, according to the petitioner, is not being paid by the respondents.  

                   The learned Addl. A. G., points out that the instant petition is misconceived and not maintainable, as the respondents No.3 to 8 represent Agriculture Marketing Committee, which is a corporate body, having no concern with the government.

                   Learned Counsel for the petitioner has placed on record the orders passed in C. P. No.555/2008 and C. P. No.458/2010 passed by this Court, wherein under similar circumstances the claim of the petitioner has been allowed.  

                   To this submission, the learned Addl. A. G. has placed on record a leave granting order, dated 13.8.2010 passed by the Hon'ble Supreme Court in CPLA No.285-K, 286-K & 287-K/2010 (C.A. No.167, 168 & 169-K of 2010) whereby the operation of the above-mentioned judgment of this Court has been suspended. 

                   The learned Addl. A. G., submits that the liability of payment of salaries to the employees of the Market Committee is solely of the Market Committee itself, which is a body corporate in terms of Section 14 of the Agriculture Produce Markets Act, 1939 and Rules 1940 and not of the Govt. of Sindh.  He further states that the Director General, Agriculture Extension, Sindh, Hyderabad is only the sanctioning authority.

                   Muhammad Rafique Kehar, Assst. Director, Agriculture Marketing, Shikarpur, states that since the funds are not available, the same are not being disbursed to the petitioner.  However, as soon as the funds are made available, the salaries will paid to the petitioner. 

                   In view of the statement by the Assistant Director, Agriculture Marketing, Shikarpur and the legal position as stated hereinabove by the learned Addl. A. G., the Counsel for the petitioner is satisfied and does not press the instant petition, provided the undertaking given by the Assistant Director, Agriculture Marketing, Shikarpur is complied with by the respondents. 

                   Accordingly, the petition is disposed of in the above terms.

                                                                                                JUDGE

                                                                   JUDGE