| Citation(s) |
|---|
| 2015 SLG 2127 2015 SLD 2127 2015 SCMR 1545 |
Supreme Court of Pakistan
Civil Appeal No. 213-K of 2010, decided on 1st April, 2015. (On appeal from the judgment of the High Court of Sindh at Karachi dated 13-5-2010 in C.P. No. D-1927 of 2006)
NASIR-UL-MULK, C.J., ANWAR ZAHEER, JAMALI AND MAQBOOL BAQAR, JJ
Khalid Javed, Advocate Supreme Court and Mrs. Shiraz Iqbal Choudhry, Advocate-on-Record for Appellant. A.S.K. Ghori, Advocate-on-Record/Advocate Supreme Court for
Respondents Nos.1 - 19, 21, 22 and 24. Nemo for
Respondents Nos.25 and 26. Ex parte for Resp
Civil Appeal No. 213-K of 2010, decided on 1st April, 2015. (On appeal from the judgment of the High Court of Sindh at Karachi dated 13-5-2010 in C.P. No. D-1927 of 2006)
NASIR-UL-MULK, C.J., ANWAR ZAHEER, JAMALI AND MAQBOOL BAQAR, JJ
Khalid Javed, Advocate Supreme Court and Mrs. Shiraz Iqbal Choudhry, Advocate-on-Record for Appellant. A.S.K. Ghori, Advocate-on-Record/Advocate Supreme Court for
Respondents Nos.1 - 19, 21, 22 and 24. Nemo for
Respondents Nos.25 and 26. Ex parte for Resp
PIA CORPORATION
VS
Syed SULEMAN ALAM RIZVI and others
Law:
Section:
(a) Constitution of Pakistan--- ----Art. 199---Constitutional petition before the High Court---Maintainability---Employees of a Corporation with non-statutory service rules---Constitutional petition was not maintainable in the matters pertaining to the terms and conditions of service of employees of a Corporation, where such terms and conditions were not governed by statutory rules. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition before the High Court by retired employees of Pakistan International Airlines Corporation ("Corporation") relating to increments and encashment of leaves (PL/LPR)---Maintainability---Terms and conditions of service governed by non-statutory rules---Master and servant relationship---Terms and conditions of the employees of the Pakistan International Airlines Corporation ("Corporation") were not governed by any statutory rules---Relationship between the Corporation and its employees was that of a "master and servant"---Constitutional petition by employees of the Corporation before the High Court was thus not maintainable---Appeal was allowed accordingly. Hameed Akhtar Niazi v. The Secretary, Establishment Division, Government of Pakistan and others 1996 SCMR 1185 distinguished. ORDER MAQBOOL BAQAR, J.---The appellant, through the above appeal, filed with the permission of the Court, has assailed the judgment dated 13-5-2010, whereby a Division Bench of the learned High Court of Sindh allowed the Constitution Petition of the private respondents and directed the appellant (PIAC), to pay to the private respondents certain benefits being their employment benefits such as encashment of accumulative leave and leftover increments since 1997 onwards. 2. The background of the matter, in brief, is that 24 retired employees of the appellant Corporation filed a Constitution Petition before the learned High Court of Sindh for the above benefits. The said petitioners/present respondents were retired on 31-10-1997 under a Mandatory Early Retirement Scheme as per Administrative Order No.15/1997. It was pleaded that earlier 238 employees of the Corporation, who also were affectees of the above Administrative Order, filed an Appeal…
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