Case Details

Citation(s)
2018 SLG 1671 2018 SLD 1671 2018 PLC 838
Lahore High Court
W.P. No. 103421 of 2017, decided on 01-02-2018.
JAWAD HASSAN, JUSTICE
Ch. Zulfiqar Ali, Faisal Grewal and M. Ahsin Butt for Petitioners. Barrister Khawaja Ahmad Hosain, Zaki Rehman, Ch. Muhammad Usman, Zaheer Abbas Cheema and M. Minam Karim for
Respondents.

MUHAMMAD SAGEER KHAN AND 3 OTHERS

VS

FEDERATION OF PAKISTAN AND 2 OTHERS

Law:

Section:

Master and servant--- ----Employer Corporation having non-statutory rules---Effect---Principle of master and servant was applicable---Rules, policy and procedure enacted by the Board of Directors of the Corporation were for internal control and management having no approval of Federal Government---Said Rules, policy and procedure of the Corporation were non-statutory in nature---Employee aggrieved of actions of the Corporation, under the said Rules could not resort to constitutional jurisdiction of High Court---Petitioners could agitate the matter before appropriate forum---Constitutional petition being not maintainable was dismissed accordingly. Muhammad Riaz v. National Fertilizer Corporation of Pakistan (Pvt.) Limited and others 1992 ALD 535 (1); Pakistan Defence Officers, Housing Authority and others v. Lt. Col. Syed Jawaid Ahmed 2013 SCMR 1707; Munda Eleven Cricket Club v. Federation of Pakistan and 4 others PLD 2017 Lah. 805 and Muhammad Zaman and others v. Government of Pakistan and others 2017 SCMR 571 rel. THIS JUDGMENT DELIVERED BY: JAWAD HASSAN, J.--- Through the instant Constitutional Petition, filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (the "Constitution"), the Petitioners have challenged their termination of employment letters all dated 6.11.2017. 2. Briefly, the Petitioners were Employees of the Respondent No.2 National Fertilizer Corporation of Pakistan (Pvt.) Limited (the "NFC") and after Voluntary Retirement Scheme (VSR) the Petitioners were again appointed on contract basis. But later on their service were terminated vide the impugned letters by the respondent. Hence, this petition. 3. Report and parawise comments have been filed on behalf of the Respondents vehemently denying the allegations levelled in the petition and praying for dismissal of the same. 4. Learned counsel for the Petitioners contended that as this Court in similar matter has taken cognizance and also pleased to grant interim relief, therefore, this petition is maintainable before this Court, that the impugned letters of termination are against the law and facts, that the impugned letters were issued without affording any…
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