Law: Constitution of Pakistan, 1973

Section: 199

(a) Master and servant--- ----Non-statutory rules of service---Where employment rules are non-statutory in nature, the relationship of employer and employee is governed by the principle of master and servant. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of the High Court---Scope---Master-servant---Employee of company registered under the Companies Ordinance, 1984 or the Companies Act, 2017 in which the Government has a shareholding---Not necessary that such company is to be treated at par with statutory Corporations and authorities for purposes of determining whether the Constitutional petition filed by its employee was maintainable. Date of hearing: 1st March, 2022. JUDGMENT IJAZ UL AHSAN, J.---This appeal by leave of the Court arises out of a judgment of the High Court of Balochistan at Quetta dated 19.07.2021. Through the impugned judgment, a constitutional petition filed by Respondent No.1 (Saeed Ahmed Khoso) was allowed, letter dated 10.06.2021 through which his services had been terminated was set aside and the Appellant was directed to reinstate him in service from the date when the order of his termination was passed and with a further direction to regularize the services of the Respondent. 2. Leave to appeal was granted by this Court vide order dated 03.11.2021 in the following terms: "The learned counsel for the petitioners contends that the High Court of Balochistan, Quetta (the High Court) was not justified in non-suiting the petitioners and directing the regularization of service of respondent No.1 (the respondent) and also entertaining the very writ petition and, in this regard relies upon the cases of Sui Southern Gas Company Limited Karachi v. Imdad Ali Pathan and others (2020 SCMR 1259) and Raja Iviz Mehmood and another v. Federation of Pakistan through Secretary, Ministry of Information Technology and Telecommunication and others (2018 SCMR 162). 2. The contention raised by the learned counsel for the petitioners require consideration. Leave to appeal is granted to consider, inter alia, the same. The appeal stage paper books be prepared from the available record with liberty to the parties to file additional…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492