Case Details

Citation(s)
2018 SLG 983 2018 SLD 983 2018 PLC 433
Lahore High Court
W.Ps. Nos. 6251 and 6207 of 2016, decision Dated: 31-5-2017.
ALI BAQAR NAJAFI, JUSTICE
Ms. Tabindah Islam for Petitioner. Umer Abdullah for
Respondents.

ATTA-ULHAQ

VS

THE NATIONAL BANK OF PAKISTAN THROUGH PRESIDENT AND ANOTHER

Law:

Section:

Constitution of Pakistan--- ----Art. 199---Civil Procedure Code (V of 1908), S. 11---Constitutional petition---Maintainability---Res judicata, principle of---Applicability---Bank employee---Seeking regularization of service---Scope---Employees approached Service Tribunal but their service appeal was abated where after they approached Labour Court and matter was disposed of for being outside its jurisdiction---Appeal of employees was disposed of by the Supreme Court permitting them to approach Labour Court but they instead of filing petition before the said Court preferred constitutional petition directly before the High Court for the requisite relief---Validity---Employees had not moved the Labour Court ever since the order passed by the Supreme Court---Present constitutional petition had been preferred on the ground of discrimination which could be agitated before the Labour Court where employees might file grievance petition---Principle of res judicata was attracted in the present constitutional petition---Constitutional petition was dismissed being not maintainable. State Bank of Pakistan through Governor and another v. Imtiaz Ali Khan 2012 SCMR 280 and Muhammad Saleem Ullah and others v. Additional District Judge, Gujranwala and others PLD 2005 SC 511 ref. THIS ORDER PASSED BY: ALI BAQAR NAJAFI, JUSTICE:---.--- This order shall dispose of the instant writ petition as well as Writ Petition No. . 6207 of 2015 titled "Imran Khan v. National Bank of Pakistan etc.", as common questions of law and facts are involved in both these petitions. 2. Both petitioners have sought a direction to the respondents/bank to grant them the benefit of the judgment passed by the Hon'ble Supreme Court of Pakistan in case reported as Ikram Bari and 524 others v. National Bank of Pakistan through President and another (2005 SCMR 100). 3. Brief facts giving rise to the filing of these writ petitions are that both petitioners namely, Atta-ul-Haq and Muhammad Imran, were appointed as godown Chowkidar/godown keeper on 18.12.1991 and 03.12.2001 respectively, but by showing the artificial breaks, their services were discontinued with mala fide intention and just to avoid their…
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