Law: Companies Act, 2017

Section: 42

Law: Constitution of Pakistan, 1973

Section: 199

(a) Civil service-------Contractual employee adjusted against a permanent post in a department---Legality---Permanent posts in a department were required to be filled in a transparent manner, after due advertisement, open competition, a level playing field for all eligible candidates, the best and most qualified of them being employed in accordance with a merit list prepared after fulfilling all necessary testing, interview and short-listing requirements---Contractual employees could not be adjusted against permanent posts without following the said process.(b) Constitution of Pakistan-------Art. 199---Civil service---Contractual employment---Project posts---Constitutional jurisdiction of the High Court---Scope---High Court could not step into the shoes of the appointing authority---When the High Court was exercising jurisdiction under Art. 199 of the Constitution, it could not extend the scope of a contract or alter/amend the terms and conditions of employment in favour of employee that had been signed by an employee as the same went against the spirit of the very concept of contract employment---When an employee accepted a post in a project, he was aware of the fact that the project would come to an end on its completion or cessation of its funding (as the case may be) and with that, his employment would also come to an end---Forcing the Government to accommodate/adjust such employees was not only a transgression of the powers vested with the High Court under Art. 199 of the Constitution, but was also a burden on the Government Exchequer which the court was not at liberty to place---Employer had the prerogative to decide the terms and conditions of an employees contract, and it was not for the court to step into the shoes of the employer and force him to employ someone for whom there was no available post and even if there was one, without following due process, procedure and criteria.(c) Constitution of Pakistan-------Art. 199---Civil service---Project posts---Constitutional jurisdiction of the High Court---Scope---Once the project in question had come to an end and the project employees were relieved from their services, High Court in its Constitutional…