Case Details

Citation(s)
2008 SLG 1385 2008 SLD 1385 2008 PLC 1179
Islamabad High Court
Writ Petition No.2435 of 2006, decided on 29th April, 2008, Date of hearing: 25th April, 2008.
DR. SAJID QURESHI, J
Abdul Rahim Bhatti for Petitioner. Nadeem Hassan for
Respondent.

BASHIR AHMAD SHEIKH

VS

SME BANK LIMITED

Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)---   ----Art. 199---Constitutional jurisdiction of High Court---Scope---Master and servant---Bank employee---Voluntary Separation. Scheme offered by the Bank to its employees was a purely contractual matter between the Bank and its employees---Said Scheme, in the present case, was offered to the employee/petitioner which was accepted by him as a full and final settlement---Employer Bank had no statutory rules which governed the terms and conditions of service of office employees which indicated that the petitioner did not have a clear legal right and a question of breach, therefore, did not arise---Petitioner, while accepting the final payment of the Scheme, made no reservations, dispute or grievance as to the amount that was given, thereby indicating that he was satisfied with the final payment---Issue of the amount calculated on the last pay drawn appeared to be an afterthought, which was reflected in the delay of raising same before the competent forum (1-1/2 years later)---Matter related to the dispute of facts, calculation based upon service benefits and so on a concluded contract and was not a suit for recovery of monies for which there was another forum available to the petitioner---Relationship of master and servant was also drawn here and the petitioner could also seek relief before another forum---Remedy being not available before the High Court, constitutional petition was dismissed in circumstances.    Civil Petitions Nos.2001, 2019, of 2000; 2001 SCMR 884; 2005 SCMR 235; 2008 PLC (C.S.) 134; 2007 PLC (C.S.) 419; PLD 2002 SC 1079; 1998 SCMR 988; Zia Abidin v. Multan Central Cooperative PLD 1996 SC 445; PLD 1959 SC 210; PLD 1976 Kar. 778; PLD 1984 SC 194; 1988 SCMR 597; 1990 SCMR 1404; 1991 SCMR 2434; Anis-ur-Rehman v. P.A.I.C. 1994 SCMR 2232 and 2005 MLD 1798 ref. JUDGMENT DR. SAJID QURESHI, J.--- The petitioner joined the service of the Regional Development Finance Corporation (R.D.F.C.) and then was promoted to an Assistant Vice-President on 1-4-1999. In December, 2001 R.D.F.C. emerged with Small Business Finance Corporation (S.B.F.C.) forming a single entity through promulgation of R.D.F.C. and…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492