Law:

Section:

Sacked Employees (Re-instatement) Ordinance, 2010-- ----Pre-amble--It was being promulgated to provide relief to the persons who were appointed in a corporation service or autonomous or semi-autonomous bodies or in Government service during the period from 1.11.1993 to 30.11.1996 and were dismissed, removed or terminated from service during the period from 1.11.1996 to 31.12.1998. Sacked Employees (Re-instatement) Ordinance, 2010-- ----S. 3--Constitution of Pakistan, 1973--Art. 199--Constitutional petitions were working as Area Managers with State Life Insurance Corporation on probation basis--Services were terminated without cause--Entitlement of re-instatement--Services were terminated through termination letters due to fail to meet the requisite target--Validity--No distinction had been created between the employees who were terminated for cause and those whose services were terminated without cause--Relevant provision only provides a time period within which if an employee was appointed and thereafter terminated for any reason including dismissal, removal, termination or having been given golden hand shake was entitled to reinstatement in service on one scale higher to his substantive scale of posting at the time of termination of services--Held: Employment of the petitioners having been terminated on account of their inability to meet the targets disentitles them to avail the benefit of S. 3 of Ordinance, 2010--Petition was allowed. Constitution of Pakistan, 1973-- ----Arts. 25 & 199--Sacked Employees (Reinstatement) Ordinance, 2010--S. 3--Constitutional petition--Discrimination--Equality of law--Right of equal treatment and non-discriminations were terminated on the basis of that they had failed to meet the requisite targets--President promulgated the Sacked Employees (Re-instatement) Ordinance, Petitioners sought reinstatement in terms of S.3 of Ordinance, 2010--Validity--Art. 25 of Constitution, guarantees equality before the law and non-discrimination between equally placed persons--Held: Despite being entitled to the benefit of S. 3, the petitioners had been discriminated against without lawful reason which was violative of their fundamental…

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