Law: Banks (Nationalization) Act, 1974

Section: 11,11(12)(c)

Law: Banks (Nationalization) (Amendment) Act, 2011

Section: Preamble

Banks (Nationalization) Act (XI of 1974)--- ----S. 11(12)(c)---Banks (Nationalization) (Amendment) Act (XXIV of 2011), Preamble---Companies Ordinance (XLVII of 1984), S.199(3)---Constitution of Pakistan, Art. 199---Constitutional petition---Appointment of Managing Director/Chief Executive Officer of a Corporation controlled by Government---Scope---Appointment of employee (a foreign national) was declared as not in accordance with law and benefit derived by him were directed to be recovered---Validity---Federal Government nominated the respondent employee as Chief Executive Officer for a period of three years---Board of Directors of the Corporation confirmed the said nomination---Employee's three-year tenure expired in January, 2012---Retiring Chief Executive should continue to perform his function until his successor was appointed unless non-appointment of his successor was due to any fault on his part or his office was expressly terminated---Employee continued to perform duties as Chief Executive of the Corporation until the impugned was passed by the Single Judge of the High Court---General provisions pertaining to management of Banks contained in S.11 of Banks (Nationalization) Act, 1974 were no longer applicable to the Corporation after enactment of Banks (Nationalization) (Amendment) Act, 2011---Employee, in question, was appointed prior to enactment of Banks (Nationalization) (Amendment) Act, 2011---Appointment of employee was unlawful as same was in violation of S.11(12)(c) of Banks (Nationalization) Act, 1974---Employee did work during the period for which he was appointed as Chief Executive Officer---Employee was not to be burdened with the direction for the recovery of benefits to which he would be otherwise entitled---Intra court appeal was allowed to the extent of recovery of benefits derived by the employee in circumstances. Engineer-in-Chief Branch v. Jalaluddin PLD 1992 SC 207; Administrator, District Council v. Ghulab Khan 2001 SCMR 1320; Asad Ali Alvi v. Secretary, Government of Punjab 2007 PLC (C.S.) 924; Shaukat Ali v. District Government, through Nazim/Chairman Selection Committee 2005 PLC (C.S.) 790; Khalida Parveen v. District Education…

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