Case Details

Citation(s)
2019 SLG 1811 2019 SLD 1811 2019 PLC 928
Supreme Court of Pakistan
Civil Petitions Nos. 606 and 607 of 2018, decision & hearing Dated: 06-03-2019. (Against the Judgment Dated 07.12.2017 passed by the Lahore High Court, Rawalpindi Bench, Rawalpindi in Intra Court Appeals Nos. 181 and 196 of 2012)
GULZAR AHMED, JUSTICE FAISAL ARAB, JUSTICE IJAZ UL AHSAN, JUSTICE
Petitioner(s) by: Sardar Abdul Raziq Khan, Advocate Supreme Court and Syed Rafaqat Hussain Shah, Advocate-on-Record (in both cases).
Respondent(s) by: Mian Abdul Rauf, Advocate Supreme Court

QAZI MUNIR AHMED

VS

RAWALPINDI MEDICAL COLLEGE AND ALLIED HOSPITAL THROUGH PRINCIPAL AND OTHERS

Law: Constitution of Pakistan, 1973

Section: 185(3),199

(a) Limitation--- ----Void order---No period of limitation ran against a void order. Yousaf Ali v. Muhammad Aslam Zia PLD 1958 SC 104 ref. (b) Appeal--- ----Aggrieved person---Scope---Any aggrieved person whether or not he was a party in a lis had the right to approach an appellate forum. H.M. Saya and Co. v. Wazir Ali Industries Ltd. PLD 1969 SC 65 ref. (c) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Competency---Necessary and proper party i.e. Provincial Government not impleaded---Where petitioner did not implead the Provincial Government as a party in the constitutional petition, despite the fact that the said Government was a necessary and proper party in the case, the constitutional petition was not competent and was liable to be dismissed. Government of Balochistan v. Mir Tariq Hussain Khan Magsi 2010 SCMR 115 ref. (d) Constitution of Pakistan--- ----Art. 199---Contract employment---Constitutional petition filed by a contract employee---Maintainability---Contract employee was debarred from approaching the High Court in its constitutional jurisdiction---Only remedy available to a contract employee was to file a suit for damages alleging breach of contract or failure to extend the contract. Federation of Pakistan v. Muhammad Azam Chatha 2013 SCMR 120 ref. (e) Master-servant--- ----Contract employee---Contract employee could not press for reinstatement to serve for the left-over period and could at the best claim damages to the extent of unexpired period of his service. Federation of Pakistan v. Muhammad Azam Chatha 2013 SCMR 120 ref. THIS ORDER PASSED BY: IJAZ UL AHSAN, J.--- Through this order, we propose to decide C.P.L.As. Nos.606 and 607 of 2018 as common questions of law are involved and both petitions arise out of the same impugned judgment of the Lahore High Court, Rawalpindi Bench, Rawalpindi. 2. The petitioner seeks leave to appeal against a judgment of the Lahore High Court, Rawalpindi Bench, Rawalpindi, dated 07.12.2017, through which Intra Court Appeals (I.C.As. Nos.196 and 181 of 2012) filed by the Respondents were accepted, the judgment dated 30.08.2012 passed by the learned Single Judge in Chambers was set aside and…
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