Law: Constitution of Pakistan, 1973

Section: 199

(a) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of the High Court---Scope---Employees of Quetta Electric Supply Company (QESCO)---Non-statutory rules of service---Master and servant relationship---Constitutional jurisdiction of High Court barred---Fact that QESCO had adopted the existing rules of WAPDA i.e. Pakistan WAPDA Employees (Efficiency and Discipline) Rules, 1978, for its internal use does not make such rules statutory in the context of QESCO---In view of the fact that QESCO did not have statutory rules governing the terms and conditions of service of its employees, the relationship between the Pakistan Electric Power Company (PEPCO) and its employees was governed by the principle of ‘master and servant’ and such employees cannot invoke the constitution jurisdiction of the High Court for redressal of their grievances. (b) Constitution of Pakistan--- ----Art. 199--- Constitutional jurisdiction of the High Court---Scope---Employees of a Government Corporation---Non-statutory rules of service---Constitutional jurisdiction of High Court barred---Where conditions of service of employees of a statutory body are not regulated by rules/regulations framed under the Statute but only by rules or instructions issued for its internal use, any violation thereof could not normally be enforced through constitutional jurisdiction and they would be governed by the principle of ‘master and servant’---In case of an employee of a Corporation where protection cannot be sought under any statutory instrument or enactment, the relationship between the employer and the employee is governed by the principle of ‘master and servant’ and in such case the constitutional jurisdiction of the High Court under Article 199 of the Constitution cannot be invoked. Pakistan Defence Officers’ Housing Authority and others v. Lt. Col. Syed Jawaid Ahmed 2013 SCMR 1707; Pakistan Tele-communication Company Ltd. through Chairman v. Iqbal Nasir and others PLD 2011 SC 132 and Pakistan International Airlines Corporation and others v. Tanveer ur Rehman and others PLD 2010 SC 676 ref. JUDGMENT: IJAZ UL AHSAN, JUSTICE:---.--- This appeal by leave of the Court arises out of a…

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