Law: Constitution of Pakistan, 1973

Section: 189,199

Constitution of Pakistan--- ----Art. 199---Constitutional petition--- Maintainability--- Master and servant---Contract appointment--- Termination from service--- Non-statutory rules--- Effect--- Alternate remedy--- Scope--- Constitutional petition filed by the employee was accepted and she was ordered to be reinstated in service---Validity---Contract of petitioner employee was not extended and she was not allowed to continue duty with effect from 01-01-2005---Said order exclusively fell within the domain of terms and conditions of service of an employee---Employer Corporation had no statutory rules---Relationship between the Corporation and employee was that of "master and servant"---Constitutional petition in such like cases was not maintainable---Petitioner employee had alternate remedy against the impugned order passed by the Corporation before the appropriate forum---Where alternate and efficacious remedy was available to the Employee, extraordinary jurisdiction under Art.199 of the Constitution could not be invoked---Intra-court appeal was allowed in circumstances. George v. Pakistan International Airlines Corporation PLD 1971 Lah. 748; Shahid Khalil v. Pakistan International Airlines Corporation, Karachi 1971 SCMR 568; Raziuddin v. Chairman, Pakistan International Airlines Corporation and 2 others PLD 1992 SC 532 and Ms. Zeba Mumtaz v. First Women Bank Ltd. and others PLD 1999 SC 1106 ref. Pakistan International Airline Corporation and others v. Tanveer ur Rehman and others PLD 2010 SC 676 and Hassan Mehmood v. Habib Bank Limited through President and 4 others 2016 PLC (C.S.) 315 rel. THIS ORDER PASSED BY: JAWAD HASSAN, J.--- Through this single judgment we intend to decide the instant Intra Court Appeal as well as Criminal Original No.279-W of 2012 as both the same are outcome of the impugned judgment dated 08.06.2009 passed by the learned Single Judge in Writ Petition No.2161/2009 whereby the, petition of the Respondent for reinstatement in service was accepted. 2. Learned counsel for the Appellants submitted that the impugned judgment is against the law and facts and liable to be dismissed on the grounds that when the Respondent had already availed…

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