| Citation(s) |
|---|
| 2017 SLG 221 2017 SLD 221 2017 PLJ 36 |
Islamabad High Court
W.P. No. 3268 of 2015, decided on 30.6.2016. heard on:18.5.2016.
ATHAR MINALLAH, JUSTICE
Mr. Nasim Sikandar, ASC and Barrister Qadir Bakhsh, ASC, for Petitioners.Ms. Mobeen Khan, Advocate for
Respondent No. 2 (in the instant petition).Ch. Muhammad Asad Raan, Advocate for
Respondent No. 2 (in W.P. No. 798 of 2016).Rana Liaqat Hayat, Advo
W.P. No. 3268 of 2015, decided on 30.6.2016. heard on:18.5.2016.
ATHAR MINALLAH, JUSTICE
Mr. Nasim Sikandar, ASC and Barrister Qadir Bakhsh, ASC, for Petitioners.Ms. Mobeen Khan, Advocate for
Respondent No. 2 (in the instant petition).Ch. Muhammad Asad Raan, Advocate for
Respondent No. 2 (in W.P. No. 798 of 2016).Rana Liaqat Hayat, Advo
OIL AND GAS DEVELOPMENT COMPANY LTD.VSSACKED EMPLOYEES REVIEW BOARD, ETC.
Law:
Section:
Sacked Employees (Re-instatement) Act, 2010---- --------Ss. 11 & 13----Constitution of Pakistan, 1973, Art. 199----Constitutional petition----Joint stock company----Order passed by S.E.R.B. was challenged----Jurisdiction----Powers and functions of Board----Appointment letter----Termination----Reinstatement of employees----Validity----Sacked Employees Act, has been enacted for benefit of and to provide relief of reinstatement in service to employees of who were employed with employers. Sacked Employees (Re-instatement) Act, 2010---- --------S. 2(F)----Scope of----Review board----Reinstatement of employees----It is a special law enacted as a beneficial legislation for reinstatement of employees defined under Section 2(f)----Review Board established under Section 12 has been constituted so as to virtually give a veto power to members who are senior officers of Federal Government----Sacked Employees Act is enacted only to extent of entities established or controlled by Federal Government. Sacked Employees (Re-instatement) Act, 2010---- --------S. 13(8)----Scheme of statute----Decision of review board----Jurisdiction----Reinstatement of employees----Legislature has clearly and manifestly declared orders and decisions of review board to be 'final' and that they cannot be called in question in any Court, authority or tribunal----Provisions of Section 13(8) would be enforced and construed in favour of sacked employee when grievance has been raised by 'employer' against order or decision of review board. Sacked Employees (Re-instatement) Act, 2010---- --------S. 13(8)----Joint stock company----Substantial control of company----Review board----Jurisdiction----Statutory right to file review petition----Appointment letter----Reinstatement of employees----Employees had not only joined office but had served for more than one month----Question of----Whether latter was removed, terminated, dismissed on had left service----Validity----Scheme of Sacked Employees Act in context of 'finality' of orders or decisions under Section 13(8) manifestly shows legislative intent that provisions are to be given effect, particularly against "employer' and in 'favour' of 'sacked…