Case Details

Citation(s)
2016 SLG 801 2016 SLD 801 2016 PLC 437
Lahore High Court
I.C.A. No. 4 of 2014, decided on 2nd December, 2014. Date of hearing: 23rd June, 2014.
SHEZADA MAZHAR AND SHAH KHAWAR, JJ
Ch. Saghir Ahmad Bhatti and Amir Aziz Qazi for Appellant. Hamayoun Syed Rasool, Muhammad Suleman Bhatti, Malik Muhammad Tariq Rajwana, Sh. Ghias-ul-Haq, Ch. Ahsan Ali Gill and Asad Hussain Jafari for
Respondents.

MULTAN ELECTRIC POWER COMPANY

VS

AFTAB AHMAD and others

Law:

Section:

Removal from Service (Special Powers) Ordinance (XVII of 2000)--- ----S. 3(c)---Constitution of Pakistan, Art. 199---Law Reforms Ordinance (XII of 1972), S. 3---Intra-court appeal---Civil service---Employees filed constitutional petition against their termination which was accepted and termination order was set aside and authorities were directed to proceed further in accordance with S.3(c) of the Removal from Service (Special Powers) Ordinance, 2000---Contention of employer company (Electric Power Company) was that Removal from Service (Special Powers) Ordinance, 2000 had been repealed ---Validity---Removal from Service (Special Powers) Ordinance, 2000 was repealed during the terms of employment of employees and same was not applicable to the employees---Employees were subjected to written test and interview which they could not succeed and their services were terminated---Employees could not claim their status as of "workman" as their employment was protected on provisional basis and their continuation in service was subject to the passing of test and interview---Since provisions of Removal from Service (Special Powers) Ordinance, 2000 had already been repealed so same could not have been pressed into service---Single Judge of High Court had fallen in error by setting aside impugned order of general termination with the direction to the authorities to proceed further in accordance with S.3(c) of the Removal from Service (Special Powers) Ordinance, 2000 after issuing show cause notices to the employees---Impugned was set aside and general termination order passed by the employer company stood revived and same would hold the field---Intra-court appeal was accepted in circumstances. JUDGMENT SHAH KHAWAR, J.--- Through this single judgment, we intend to dispose of instant Intra Court-Appeal and other 42 connected Intra Court Appeals bearing Nos.23/2014, 15/2014, 9/2014, 7/2014, 45/2014, 21/2014, 57/2014, 44/2014, 33/2014, 58/2014, 36/2014, 12/2014, 16/2014, 11/2014, 39/2014, 41/2014, 35/2014, 74/2014, 8/2014, 28/2014, 6/2014, 10/2014, 37/2014, 14/2014, 22/2014, 65/2014, 46/2014, 13/2014, 76/2014, 38/2014, 40/2014, 5/2014, 18/2014, 25/2014, 29/2014, 34/2014,…
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