Law: Companies Act, 2017

Section: 42

Law: Constitution of Pakistan, 1973

Section: 199

(a) Civil service--- ----Contract/project posts---Termination from service on completion of projects---High Court ordering reinstatement and regularization of project employees---Legality---Policy for the projects in question stated that the employees, who were employed in a project, would stand terminated, on the completion of the project---Only exception was that the said employees would be re-appointed on need basis if the project was extended over any new phase or phases---Record revealed that the respondents were terminated after the projects in which they were appointed came to an end or, were converted to the regular side---Appointments on the regular and newly created posts was to be made through advertisement and open competition through a transparent process via the Provincial Public Service Commission---Thus, former project employees could not claim regularization as a matter of right---Furthermore, it had been specifically mentioned in the appointment orders of the respondents/employees that they could not claim regularization and further, that they were employed on contract for a specific period of time---High Court could not have altered, amended or renegotiated the terms and conditions of the appointment orders of the respondents/employees for the simple reason that it did not have jurisdiction to do so---Appeals were allowed and impugned s of the High Court ordering reinstatement and regularization of respondents/employees in service were set aside. (b) Civil service--- ----Contract/project posts---Regularization in service, right of---Scope---Long or satisfactory contractual service did not confer a vested right for regularization as conversion from contractual to regular appointment required statutory support---Creation of a post or posts on the regular side did not confer, in the absence of any statutory support, an automatic right of regularization in favour of the employees employed on contractual basis against project posts. (c) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of the High Court---Scope---Jurisdiction of the High Court was to interpret the law, test its vires on the touchstone of the Constitution and…

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