| Citation(s) |
|---|
| 1976 SLG 313 1976 SLD 313 1976 SCMR 381 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. K-126 of 1975, decision dated: 24th October 1974
ANWARUL HAQ AND MUHAMMAD GUL, JJ
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Civil Petition for Special Leave to Appeal No. K-126 of 1975, decision dated: 24th October 1974
ANWARUL HAQ AND MUHAMMAD GUL, JJ
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Moulvi GHULAM RASOOL
VS
ADMINISTRATOR, AUQAF, SIND AND ANOTHERS
Law:
Section:
Master and Servant --- --- Re-instatement-specific performance-Petitioner employed as Kharib arid Pesh Imam by a Registered Society for a mosque but mosque subsequently taken over by Auqaf Department and petitioner appointed as Pesh Imam of mosque by such department on purely temporary basis liable to removal on one month's notice- Petitioner' services terminated and one month's salary paid in lieu of notice-Contention that petitioner having been continuously employed as Kharib and Pesh Imam for the last 22 years he acquired status of permanency held, misconceived -Petitioners service with Auqaf Department being a new engagement on purely temporary basis, he could be removed according to terms of his engagement particularly when there was nothing to show that his previous employment was a permanent basis.-[Specific performance]. JUDGMENT MUHAMMAD GUL, J.--The petitioner was employed a Kharib and Posh imam, as from 1952 by a religious society registered under the Registration of Societies Act 1860, for Masjid Lobar in Larkana. The Masjid. It appeals, was taken over by Auqaf Department and the Administrator issued to the petitioner a fresh letter of appointment on 18-11-1969 informing him that his future service will be "purely temporary and his services may be terminated on one month's notice or in lieu thereof one month's pay shall be paid." It appears that the petitioner accepted this condition. Later the…
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