Law: Sacked Employees (Reinstatement) Ordinance, 2010

Section: 2(f)

Law: Constitution of Pakistan, 1973

Section: 199

Sacked Employees (Re-instatement) Act (XXII of 2010)-- ----S.2(f)---Constitution of Pakistan, Art. 199---Constitutional petition--Maintainability---Re-instatement in service sought---Sacked employee of 'NESPAK'---Non-statutory rules---Master-servant relationship---Petitioner / employee sought direction to respondent / employer to reinstate him into service from the date of his termination, on the basis of a judgment passed by Supreme Court in case of other employees---Validity---Petitioner's / employee's date of appointment was 26-09-1992 whereas under S.2(f) of Sacked Employees (Re-instatement) Act, 2010 prescribed period to come under definition of 'sacked employee' was from 01-11-1993 to 30-11-1996---Principle of 'Master and Servant" was applicable to petitioner / employee as rules of "NESPAK" were not framed under any statute rather were made by Board of Directors of "NESPAK" in exercise of powers conferred on it by Articles of Association of the Company---Such rules were merely regulations, instructions and directions for internal use and management of the company---Petitioner was provided fair opportunity of hearing but he failed to prove his case through cogent and confidence expiring evidence---Petitioner failed to cross hurdle/objection taken by respondent / employer regarding maintainability of petition---Constitutional petition was dismissed, in circumstances. Muhammad Tahir Nawaz Cheema and others v. Federation of Pakistan and others 2023 PLC (C.S.) 662; Munda Eleven Cricket Club v. Federation of Pakistan and 4 others PLD 2017 Lah. 802; Aown Abbas Bhatti v. Forman Christian College and 2 others PLD 2018 Lah. 435; Dr. Khalid Zamir Rasib v. Province of the Punjab through Secretary Higher Education Department, Lahore and 4 others 2021 PLC (C.S.) 994; Umer Atta-ur-Rehman Khan v. Ministry of Energy through Secretary/Chairman, NESPAK and 4 others 2021 PLC (C.S.) 1126; Executive Council, Allama Iqbal Open University, Islamabad through Chairman and another v. M. Tufail Hashmi 2010 SCMR 1484; Muhammad Zaman and others v. Government of Pakistan and others 2017 SCMR 571; Pakistan Telecommunication Co. Ltd. through Chairman v. Iqbal Nasir and others PLD 2011 SC…

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