Case Details

Citation(s)
2011 SLG 1582 2011 SLD 1582 2011 PLC 153
Sindh High Court
Constitutional Petitions Nos.D-1557 and D-1700 of 2008, decision dated: 22-11-2010.
SHAHID ANWAR BAJWA AND TUFAIL H. IBRAHIM, JJ

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Dr. FARAH NAZ and others

VS

PROVINCE OF SINDH through Secretary Labour Sindh and others Dr. FARAH NAZ and others vs PROVINCE OF SINDH through Secretary Labour Sindh and others

Law:

Section:

Provincial Employees' Social Security Ordinance (X of 1965)-------Ss. 79 & 80---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Non-statutory rules---Adhoc employees---Regularization---Petitioners were adhoc employees of different organizations registered with Sindh Employees' Social Security Institution and their services were' terminated without issuance of any show cause or inquiry---Plea raised by institution was that under Ss. 79 & 80 of Provincial Employees' Social Security Ordinance, 1965, no power was available with Governing Body to regularize adhoc employees---Institution further raised the plea that adhoc employee could not claim vested right for becoming permanent employee--Validity---If there were no statutory rules, then though an organization was owned and controlled by government and was a `person' within contemplation of Art. 199 (5) of the Constitution but employee of such organization would not be able to maintain a constitutional petition in respect of any matter arising out of terms and conditions of their respective employment---Petitioners were workmen and they had a remedy before concerned Labour Court which they could avail---Constitutional petition was dismissed in circumstances. Zulfiqar Ali and others v. Director Housing and others 1994 PLC (C.S.) 1442; Pakistan State Oil Company Ltd. v. M. Akram Khan and others 2004 PLC (C.S.) 992; Khan M. Mutiur Rahman and others v. Government of Pakistan through Secretary, Ministry of Finance (Revenue Division), Government of Pakistan, Islamabad and others 2006 PLC (C.S.) 564; Muhammad Ashraf and others v. Federation of Pakistan, through Secretary, Ministry of Railways, Islamabad and 3 others, 1999 SCMR 336; Dr. Zafar Ahmed v. Mst. Shamsa and others PLD 2002 Kar. 524; Pakistan International Airlines Corporation through Chairman and others v. Shahzad Farooq Malik and another 2004 SCMR 158; Hameed Akhtar Niazi v. The Secretary Establishment Division, Government of Pakistan and others 1996 SCMR 1185; Tara Chand and others v. Karachi Water and Sewerage Board, Karachi and others 2005 PLC (C.S.) 368; Tariq Latif Ansari and others v. Federation of Pakistan and…
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