Law: National Engineering Services Pakistan (Pvt.) Limited Chief Executive Service Rules, 1977

Section: R.4,5,6,14

Law: Companies Act, 2017

Section: 509

Law: Constitution of Pakistan, 1973

Section: 199

(a) Administration of justice--- ----Decision on priority basis---Preconditions---When question of jurisdiction goes to very root of case and renders entire proceedings coram non judice thereby vitiating the same and making illegal and void and also when such question is of fundamental nature, in judicial proceedings, then same should be decision dated: priority basis. D.G. Customs Evaluation, Karachi and another v. Messrs Trade International Lahore and others 2014 SCMR 15; Syed Muhammad Hussain Shah v. Abdul Qayyum and others 2011 SCMR 743; Hafiz Muhammad Siddique Anwar v. Faisalabad Development Authority and others 2007 SCMR 1126; Executive District Officer Schools and Literacy District Dir Lower and others v. Qamar Dost Khan and others 2006 SCMR 1630; Mansub Ali v. Amir and 3 others PLD 1971 SC 124; Amanullah and others v. The State and others PLD 2004 Quetta 105; Ali Muhammad and others v. Muhammad Sham and others PLD 1996 SC 292; Maulvi Aziz-ur-Rehman v. Ahmad Khan and others 2004 SCMR 1622; Shagufta Begum v. The Income Tax Officer, Circle-XI, Zone-B, Lahore PLD 1989 SC 360 and Haji Abdullah Khan and others v. Nisar Muhammad Khan and others PLD 1965 SC 690 rel. (b) National Engineering Services Pakistan (Pvt.) Limited Chief Executive Service Rules, 1977--- ----Rr.4, 5, 6 & 14---Laches, principle of---Contractual appointment---Non-statutory rules---Respondent was contractual employee of National Engineering Services Pakistan (Pvt.) Limited (NESPAK) who was retired before completion of his contract on attaining the age of superannuation---Single Judge of High Court, in exercise of Constitutional jurisdiction set aside such order of retirement---Validity---Terms and conditions of contractual appointment of respondent were governed by non-statutory rules of NESPAK therefore, Constitutional petition filed by him was not maintainable---Respondent accepted and acted upon his retirement order and in view of the same approached NESPAK to obtain his retirement benefits including but not limited to his gratuity etc.---Respondent, after having done so, filed Constitutional petition before High Court after about five months seeking his reinstatement--- Such conduct of…

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