Law:

Section:

Abdul Wahab and others v. HBL and others 2013 SCMR 1383; Noor Badshah v. United Bank Limited through President and 3 others 2015 PLC (CS) 468 and Pakistan International Airline Corporation and others v. Tanweer-ur-Rehman and others PLD 2010 SC 676 rel. Munawar Ahmad Javed for Petitioner. Syed Fazal Mahmood for Respondent/Bank. Constitution of Pakistan--- ----Art. 199--- Constitutional petition--- Maintainability--- Bank employee---Respondent-Bank being a private organization, had non-statutory Rules---Effect---Terms and conditions of service enforcement---Scope---Petitioner (employee of Bank) was dismissed from service---Contention of Bank was that constitutional petition was not maintainable against the Bank, being a private organization having no statutory rules---Validity---Constitutional petition would not lie against the bodies having no statutory Rules of service---Respondent-Bank, a banking limited company was not the creation of any statute---Services of employees of respondent-Bank were governed by its own manual---If a private authority had adopted any government law for its internal affairs even then by such adoption of laws it could not be said that the employees of said authority would be governed by a statute---Petitioner although was proceeded under Removal from Service (Special Powers) Ordinance, 2000 but it could not be said that he was proceeded under the statute---Petitioner could not file constitutional petition to seek enforcement of terms and conditions of his service against the Bank---Constitutional petition was dismissed being not maintainable. Noor Badshah v. United Bank Limited through President and 3 others 2015 PLC (CS) 468 and Al Qera Atiq v. Federation of Pakistan through Secretary Aviation and 19 others 2015 PLC (CS) 363 distinguished. ORDER MUHAMMAD QASIM KHAN, J.--- Briefly the facts of the case are that after his appointment as Cashier in Habib Bank Limited on 11.12.1976, after various promotions the petitioner reached to the rank of Officer Grade-II w.e.f. 01.01.1999. According to the petitioner he was offered voluntary separation scheme but he refused, whereupon, he was transferred out of region. Subsequently, however, after…

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