| Citation(s) |
|---|
| 2014 SLG 1270 2014 SLD 1270 2014 PLC 393 |
Supreme Court of Pakistan
Constitutional Petition No.39 of 2007, H.R.Cs. Nos.14127-S,14646 of 2009, 13486-S and 47811-P of 2010, decision dated:17-10-2012. (Petition under Article 184(3) of theConstitution of the Islamic Republic of Pakistan, 1973.)
TASSADUQ HUSSAIN, JILLANI, MIAN SAQIB NISAR, ASIF SAEED KHAN KHOSA, SARMAD, JALAL OSMANY, GULZAR AHMED AND MUHAMMAD ATHER SAEED, JJ
Muhammad Akram Sheikh, Senior Advocate Supreme Court (assisted by Hassan Murtaza, Advocate, Sajeel Shahryar Swati, Advocate and Syed Riaz Hussain, Advocate) and Mehmood A. Sheikh, Advocate-on-Record for Petitioners. Ch. Aitzaz Ahsan, Senior Advocate Supre
Constitutional Petition No.39 of 2007, H.R.Cs. Nos.14127-S,14646 of 2009, 13486-S and 47811-P of 2010, decision dated:17-10-2012. (Petition under Article 184(3) of theConstitution of the Islamic Republic of Pakistan, 1973.)
TASSADUQ HUSSAIN, JILLANI, MIAN SAQIB NISAR, ASIF SAEED KHAN KHOSA, SARMAD, JALAL OSMANY, GULZAR AHMED AND MUHAMMAD ATHER SAEED, JJ
Muhammad Akram Sheikh, Senior Advocate Supreme Court (assisted by Hassan Murtaza, Advocate, Sajeel Shahryar Swati, Advocate and Syed Riaz Hussain, Advocate) and Mehmood A. Sheikh, Advocate-on-Record for Petitioners. Ch. Aitzaz Ahsan, Senior Advocate Supre
ABDUL WAHAB and others
VS
HABIB BANK LTD. and others
Law:
Section:
(a) Habib Bank Limited Staff Service Rules, 1981---Rr. 15 & 17---Banking Companies Ordinance (LVII of 1962), Preamble---Constitution of Pakistan, Arts. 199(1)(c) & 184(3)---Constitutional petition under Art. 184(3) of the Constitution challenging the policy decision taken by the Board of Management of Habib Bank Limited ("the Bank") by which 308 employees of the Bank were compulsorily retired early and services of 2 employees were terminated by paying them three months dues---Constitutional petition filed before High Court against the Bank---Maintainability---'Person' or 'authority' performing functions in connection with the affairs of the Federation---Scope---Plea of employees (petitioners) was that the State/Federation had a considerable shareholding in the Bank in question and representation in the managing affairs thereto; that the Bank was being regulated by and under the authority of the State Bank of Pakistan; that the Bank was a 'person' in terms of Art. 199(1)(c) of the Constitution as it was distinct from an 'ordinary private individual', because it (the Bank) was owned and controlled by the State, therefore, for all intents and purposes, an appropriate writ petition against the Bank was maintainable under Art.199(1)(c) of the Constitution---Validity---Bank in question had been privatized and the majority shareholding thereof, had been acquired and was vested in a (private) foundation---Board of Management of the Bank was predominantly represented by the said foundation---Petitioners were unable to show that the State/Federation had the majority of shareholding, or majority representation in the Board of Management of the Bank---State Bank of Pakistan was only a regulatory body for all the banks operating in Pakistan in terms of Banking Companies Ordinance, 1962---Such regulatory role and control of State Bank of Pakistan could not clothe the Bank in question, with the status of a 'person' or the 'authority' performing the functions in connection with the affairs of the Federation---Bank in question was a private institution for all intents and purposes---Constitutional petition was held to be not maintainable and was dismissed accordingly.…
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