| Citation(s) |
|---|
| 2020 SLG 2538 2020 SLD 2538 2020 PLC 1502 |
Supreme Court of Pakistan
Civil Appeal No. 451 of 2017, decided on 14th July, 2020, Date of hearing: 14th July, 2020. (On appeal against the judgment dated 24.01.2017 passed by the Lahore High Court, Lahore in Intra Court Appeal No. 608 of 2009)
IJAZ UL AHSAN, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Syed Zulfiqar Abbas Naqvi, Advocate Supreme Court, Ahmed Nawaz Ch., Advocate-on-Record along with Appellant in person for Appellant. Tariq Aziz, Advocate-on-Record, Adnan Ahmed Channa, Manager HR and Javed Hassan, Assistant Manager, HR for
Respondents.
Civil Appeal No. 451 of 2017, decided on 14th July, 2020, Date of hearing: 14th July, 2020. (On appeal against the judgment dated 24.01.2017 passed by the Lahore High Court, Lahore in Intra Court Appeal No. 608 of 2009)
IJAZ UL AHSAN, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Syed Zulfiqar Abbas Naqvi, Advocate Supreme Court, Ahmed Nawaz Ch., Advocate-on-Record along with Appellant in person for Appellant. Tariq Aziz, Advocate-on-Record, Adnan Ahmed Channa, Manager HR and Javed Hassan, Assistant Manager, HR for
Respondents.
MISS NAUREEN NAZ BUTT
VS
PAKISTAN INTERNATIONAL AIRLINES THROUGH CHAIRMAN, PIA AND OTHERS
Law: Constitution of Pakistan, 1973
Section: 199
(a) Master and servant--- ----Airhostess of Pakistan International Airlines---Contract appointment---No vested right to remain in employment after expiry of contract period---Contract employee, whose period of contract employment expired by afflux of time, carried no vested right to remain in employment of the employer and the Courts could not force the employer to reinstate or extend the contract of such employee. Ms. Samina Abid v. Pakistan International Airlines through its Chairman, PIA Head Office, Karachi and others C.A. No. 450 of 2017 distinguished. Mubarak Ali and another v. Government of Punjab through Secretary Industries and Mineral Development Department 1997 PLC (C.S.) 284; Government of Balochistan, Department of Health through Secretary, Civil Secretariat, Quetta v. Dr. Zahida Kakar and 43 others 2005 SCMR 642 and Muzaffar Khan and others v. Government of Pakistan and others 2013 SCMR 304 ref. (b) Constitution of Pakistan--- ----Art. 199---Master and servant relationship of---Employment in Pakistan International Airlines---Constitutional petition filed by an employee of PIA--- Maintainability--- Employment in Pakistan International Airlines, being not governed by statutory rules, principle of Master and Servant would apply and thus, a constitutional petition filed by an employee before the High Court would not be maintainable. PIA Corporation v. Syed Suleman Alam Rizvi and others 2015 SCMR 1545 and Pakistan International Airline Corporation and others v. Tanweer-ur-Rehinan and others PLD 2010 SC 676 ref. JUDGMENT GULZAR AHMED, C.J.--- The appellant, by leave of this Court, has challenged judgment dated 24.01.2017 passed by a learned Division Bench of the Lahore High Court, Lahore, whereby Intra Court Appeal filed by the respondents against the judgment dated 08.06.2009 of the learned Single Judge, allowing the Writ Petition of the appellant, was set aside and in this manner Intra Court Appeal was allowed. 2. The facts of the case are that the appellant was appointed as an Airhostess on contract basis for one year and such contract period was extended uptill 31.12.2004, after which the contract was not renewed. The appellant seems to have filed…
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