Law: Constitution of Pakistan, 1973

Section: 199

Law: Federal Rules of Business, 1973

Section: R.4(2)

(a) Constitution of Pakistan--- ----Art. 199---Contract employee---Constitutional petition under Art.199 of the Constitution filed by a contractual employee for enforcement of terms of his contract---Such a petition was not maintainable Where employment was on contract, there was a relationship of master and servant and in such like cases a constitutional petition under Art.199 of the Constitution was not maintainable---Contractual employee could at best claim damages to the extent of unexpired period of his service. Abdul Wahab and others v. HBL and others 2013 SCMR 1383; Chairman NADRA, Islamabad through Chairman Islamabad and another v. Muhammad Ali Shah and others 2017 SCMR 1979; Federation of Pakistan through Secretary Law, Justice and Parliamentary Affairs v. Muhammad Azam Chattha 2013 SCMR 120; Lt. Col. Rtd. Aamir Rauf v. Federation of Pakistan through Secretary M/o Defence and 3 others 2011 PLC (CS) 654; Nadeem Ahmed v. Pakistan State Oil Company Limited and another 2005 PLC (CS) 1447 and Naweed Akhtar Cheema v. Chairperson, Teveta and others 2011 PLC (CS) 803 ref (b) Master and servant --- ----Contract employee---Termination of contract---Acceptance of terms and conditions of service---Petitioner was appointed Director General (Legal affairs) in Pakistan Railways on contract basis---Petitioner, after accepting all the terms and conditions of his contract employment submitted his joining report---One of the clauses of the petitioner's employment contract specifically dealt with the termination of contract on one month's notice on either side or payment of one month's basic pay in lieu thereof---Impugned termination letter explicitly revealed that the termination of the petitioner's services was made with immediate effect with one month's basic pay in lieu of notice in accordance with said clause of the employment contract---As such, the impugned termination letter had been issued strictly in accordance with the terms and conditions of contract employment duly accepted by the petitioner at the time of joining and now at a belated stage he could not deviate from the same---Constitutional petition was dismissed accordingly. Government of Balochistan,…

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