Law: Constitution of Pakistan, 1973

Section: 199

(a) Constitution of Pakistan--- ----Art.199---Constitutional petition---Contractual employment---Non-statutory rules---Scope---Petitioner assailed his dismissal from contractual service and also the dismissal of his departmental appeal---Validity---Respondent was a private limited company and its rules namely Employees (Efficiency and Discipline) Rules, 1974, were framed by the Board of Directors under the power conferred on them through Articles of Association---Rules were neither framed by the Federal Government nor were they framed under any statute---Said rules could not be termed as statutory rules---Petitioner was appointed for a period of one year and no formal extension was available on record, therefore, the petitioner's contract had already expired---Constitutional petition was dismissed. Pakistan Defence Officer Housing Authority and others v. Ltd. Cool. Syed Jawaid Ahmad 2013 SCMR 1707; Habib Bank Ltd. v. The State 2013 SCMR 840 and Pakistan Airline Pilots Association and others v. Pakistan International Airline and another 2019 SCMR 278 ref. Executive Counsel Allama Iqbal Open University Islamabad through Chairman and another v. M. Tufail Hashmi 2010 SCMR 1484; Pakistan International Airline Corporation and others v. Tanweer-ur-Rehman and others PLD 2010 SC 676; Pakistan Telecommunication Company through Chairman v. Iqbal Nasir and others PLD 2011 SC 132 and Syed Nazir Gillani v. Pakistan Red Crescent Society and another PLD 2014 SCMR 982 rel. (b) Constitution of Pakistan--- ----Art.199---Constitutional petition---Contractual employment---Scope---Where contract employee is removed from service and his contract period has already lapsed, no constitutional petition for re-instatement in service is maintainable rather only damages can be claimed before an appropriate forum. Pakistan Telecommunication Co. Ltd. through Chairman v. Iqbal Nasir and others 2011 PLC (CS) 623; Rizwan Ahmed Bhatti v. Federation of Pakistan and 3 others 2012 PLC (C.S.) 681; Naweed Akhtar Cheema v. Chairperson, TEVTA and others 2011 PLC (C.S.) 803; Ag. Crd. (Rtd.) Irshad Ahmad v. National Highway Authority through Chairman and another 2011 PLC (C.S.) 663 and Lt. Col. (Retd.)…

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