| Citation(s) |
|---|
| 2014 SLG 2727 2014 SLD 2727 2014 PLC 379 |
Sindh High Court
Constitutional Petition No. D-1158 of 2011, Dated: 8th May, 2014. Date of hearing: 8th May, 2014.
IRFAN SAADAT KHAN, JUSTICE, NADEEM AKHTAR, JUSTICE
Imtiaz Ali Effendi for Petitioner. Dilawar Hussain, Standing Counsel for
Respondent No.1. Ghulam Murtaza Sario for
Respondent No.2. Nemo for
Respondents Nos.3 and 4.
Constitutional Petition No. D-1158 of 2011, Dated: 8th May, 2014. Date of hearing: 8th May, 2014.
IRFAN SAADAT KHAN, JUSTICE, NADEEM AKHTAR, JUSTICE
Imtiaz Ali Effendi for Petitioner. Dilawar Hussain, Standing Counsel for
Respondent No.1. Ghulam Murtaza Sario for
Respondent No.2. Nemo for
Respondents Nos.3 and 4.
M. RIAZ AHMED
VS
GOVERNMENT OF PAKISTAN THROUGH MINISTRY OF PRODUCTION AND 3 OTHERS
Law:
Section:
Constitution of Pakistan--- ---Art. 199---Constitutional petition---Maintainability---Retirement of an employee on the ground of medical disability and non-payment of group insurance---Scope---Contention of respondent was that petitioner had already availed remedy by filing an application before the Commissioner Workmen's Compensation and Payment of Wages Authority---Validity---Petitioner had filed an application before the Commissioner and Payment of Wages Authority which was pending---Petitioner had no legal justification to file the present constitutional petition which was not maintainable---Constitutional petition was dismissed in circumstances. THIS ORDER PASSED BY: IRFAN SAADAT KHAN, Justice;---.--- This Constitutional petition has been filed with the following prayers: "(a) To pass order to declare the retirement of the petitioner by the respondent No.2 was illegal and unjust and has no foot to stand in the eyes of law. (b) To pass order to direct the respondent No.2 to release the group insurance of Rs.4,00,000 (Rupees Four lacs only) in favour of the petitioner without further delay. (c) To pass order to direct the respondent No.2 to reinstate the petitioner forthwith after paying him all back-benefits since 2005 till reinstatement of the petitioner. (d) To pass order to direct the respondents to conduct their affairs in a manner calculated to avoid occurrence of any act which is not permissible under the safeguard provided for the security, dignity and respect of the citizen available under the Constitution of Pakistan 1973. (e) To pass order to direct the respondent No.2 to resume the pension of the petitioner without fail. (g) To pass order for grant of other relief/reliefs which this honourable Court may deem fit and proper." 2. Briefly stated the facts of the case are that the petitioner was an employee of the respondent No.2 and worked as Die Caster. The petitioner suffered with some diseases and thereafter he was retired/ terminated on the ground of his medical disability. The petitioner then approached the respondent No.3 for getting group insurance amount but the respondent No.3 declined the same on the ground that he is medically fit,…
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