| Citation(s) |
|---|
| 2020 SLG 344 2020 SLD 344 2020 PLC 8 |
Islamabad High Court
I.C.A. No. 68 of 2011, decision Dated: 07-02-2017. Hearing Dated: 24-11-2016.
ATHAR MINALLAH, JUSTICE MIANGUL HASSAN AURANGZEB, JUSTICE
Petitioner(s) by: Salim-ur-Rehman and Irfan Farooq (Additional Director Law, OPF)
Respondent(s) by: Malik Abdul Latif Khokhar No.2.
I.C.A. No. 68 of 2011, decision Dated: 07-02-2017. Hearing Dated: 24-11-2016.
ATHAR MINALLAH, JUSTICE MIANGUL HASSAN AURANGZEB, JUSTICE
Petitioner(s) by: Salim-ur-Rehman and Irfan Farooq (Additional Director Law, OPF)
Respondent(s) by: Malik Abdul Latif Khokhar No.2.
MANAGING DIRECTOR, OVERSEAS PAKISTANI FOUNDATION AND ANOTHER
VS
FEDERATION OF PAKISTAN THROUGH SECRETARY, M/O LABOUR MANPOWER AND OVERSEAS PAKISTANI AND ANOTHER
Law: Constitution of Pakistan, 1973
Section: 199
Employer and employee--- ----Respondent was a retired employee of Overseas Pakistani Foundation and his pension benefits were withheld due to pendency of inquiry against him---Single Judge of High Court in exercise of Constitutional jurisdiction directed Overseas Pakistani Foundation to finalize inquiry against respondent within period of one month failing which pension benefits were to be released to respondent--- Validity--- Respondent had agitated claim pertaining to terms and conditions of his service with Overseas Pakistani Foundation--- Service Rules/Regulations governing terms and conditions of service of respondent were not statutory--- Division Bench of High Court set aside passed by Single Judge of High Court as Constitutional petition against Overseas Pakistani Foundation was not maintainable---Division Bench of High Court observed that Overseas Pakistani Foundation to consider grievance of respondent regarding non-payment of his pension benefits and to make decision at earliest---Intra-court appeal was allowed accordingly. Tanvir Iqbal Siddiqi v. Principal, Overseas Pakistanis Foundation (OPF), Girls College, Islamabad 1994 SCMR 958; Sohail Asif v. Board of Governors and others Writ Petition No.2355/2006; Lakhmir v. Federation of Pakistan and 6 others Writ Petition No.592/2011; Muhammad Saeed v. The Director General, Overseas Pakistanis Foundation, and others Writ Petition No.38847/2009; Anjum Siddique Nagra v. Board of Governors and others Writ Petition No.2423/2008 and Imtaiz Ali Bhagat v. The Ministry of Overseas Pakistanis and others Constitution Petition No.D-1113/2010 ref. THIS JUDGMENT DELIVERED BY: MIANGUL HASSAN AURANGZEB, J.---- Through the instant the intra court appeal, the appellants (Managing Director, Overseas Pakistanis Foundation, etc.), impugn the judgment dated 07.03.2011, passed by the learned Single Judge-in-Chambers, whereby Writ Petition No.196/2010, titled "Mirza Abdul Aziz v. Federation of Pakistan and another", was disposed of with the direction to the appellants to finalize the inquiry against respondent No.2 within a period of one month failing which respondent No.2's retirement benefits were to be released to him. 2.…
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