Law: Banks (Nationalization) Act, 1974

Section: 11(11)

(a) Civil service--- ----Petitioner, an Employee of Nationalized Bank---Constitutional petition---Maintainability---Statutory/Non-statutory rules---Scope---Constitutional petition is maintainable where respondent authority violates any provision of law or statutory rules--- Employees who are governed by statutory rules can avail remedy of filing Constitutional petition before High Court---Principle of Master and Servant is applicable to employees whose services are not governed by statutory rules---Employees of a body owned by Government, in absence of violation of law or any statutory rule cannot press into service Constitutional jurisdiction of High Court in order to seek relief with respect to their employment. Samiullah Narago v. Federation of Pakistan 2012 PLC (C.S.) 1205; Pakistan Telecommunication Company Limited v. Iqbal Nasir PLD 2013 SC 132 and Pakistan International Airline Corporation v. Tanveer-ur-Rehman and others PLD 2010 SC 676 rel. (b) Banks (Nationalization) Act (XIX of 1974)--- ----S. 11(11) [as amended by Banks Nationalization (Amendment) Act, (XVII of 1997)]---Habib Bank Limited (Staff Service Rules), 1981---Finance Division Circular No.17(9)-1F.XI/77 dated 30-11-1977---Pension, enhancement in---Non-statutory rules---Petitioners were retired employees of Nationalised Bank who sought direction to Federal Government to enhance their pension in accordance with provisions of Finance Division Circular No.17(9)-1F.XI/77 dated 30-11-1977---Validity---Finance Division Circular No.17(9)-1F.XI/77 dated 30-11-1977 was issued by Federal Government but scheme of pension was introduced by the Bank only after latter, vide its circular circulated on 27-02-1978 gave a choice to its employees to opt for new scheme of pension, gratuity and provident fund in lieu of existing retirement benefits admissible to them and it was after options were given by employees of the Bank that a pension scheme was introduced---Essential liability to pay pension to employees of the Bank was of Bank and no other---Bank Service Rules, 1981 were already declared as non-statutory by Supreme Court, therefore, Constitutional petition was not maintainable--- Petitioners were at…

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