| Citation(s) |
|---|
| 2020 SLG 2345 2020 SLD 2345 2020 PLC 1078 |
Sindh High Court
C.Ps. Nos. D-3169 to D-3173 of 2019, decided on 8th May, 2019, Date of hearing: 8th May, 2019.
AZIZ-UR-REHMAN, JUSTICE ADNAN-UL-KARIM MEMON, JUSTICE
Kamran Iqbal Bhutta for Petitioners.
C.Ps. Nos. D-3169 to D-3173 of 2019, decided on 8th May, 2019, Date of hearing: 8th May, 2019.
AZIZ-UR-REHMAN, JUSTICE ADNAN-UL-KARIM MEMON, JUSTICE
Kamran Iqbal Bhutta for Petitioners.
FOUZIA KHAN AND OTHERS
VS
CHAIRMAN/CEO PIA AND OTHERS
Law:
Section:
Master and servant--- ----Posting and transfer---Non-statutory rules of service---Effect---Expression terms and conditions---Scope---Contention of employees was that they had been transferred prior to completion of their tenure---Validity---Terms and conditions of employees of (Pakistan International Airlines Company) were not governed by any statutory rules and there was relationship of Master and Servant between the parties---Constitutional jurisdiction of High Court could not be invoked in the matter, in circumstances---Expression terms and conditions did include transfer and posting of employees---Employer had not violated any law while making transfer and posting of the employees---Grievance of the petitioners could not be enforced through constitutional jurisdiction of High Court---Constitutional petition was dismissed, in limine accordingly. Pir Imran Sajid and others v. Managing Director/General Manager (Manager Finance) Telephone Industries of Pakistan and others 2015 SCMR 1257 ref. ORDER ADNAN-UL-KARIM MEMON, J.---- All the above referred Constitutional Petitions are being disposed of vide this Single Judgment, as common questions of law and facts are involved therein. Basically the Petitioners have called in question the Transfer Orders dated 26.4.2019 issued by Pakistan International Airlines Company [PIAC], whereby they were transferred from Karachi station to Islamabad station. 2. Brief facts of the case as averred by the Petitioners are that the Petitioners are serving as Airhostess [Group-VI and VII] in PIAC, since 1986, 1988, 1989, 1996 and 2001 respectively. The Petitioners are aggrieved by and dissatisfied with the aforesaid impugned transfer letters dated 26.4.2019, whereby they have been transferred from Karachi to Islamabad on their respective posts. 3. Upon query by this Court as to how the captioned Petitions are maintainable against the transfer and posting issues, which fall within the ambit of expression terms and conditions of their service. 4. Mr. Kamran Iqbal Bhutta, the learned Counsel for the Petitioners has argued that the impugned transfer orders as discussed supra are based on mala fide intention. Per learned Counsel,…
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