| Citation(s) |
|---|
| 2011 SLG 1830 2011 SLD 1830 2011 PLC 1299 |
Sindh High Court
Constitutional Petition No.D-1107 of 2010, decision dated: 16-05-2011.
GULZAR AHMED AND SHAHID ANWAR BAJWA, JJ
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Constitutional Petition No.D-1107 of 2010, decision dated: 16-05-2011.
GULZAR AHMED AND SHAHID ANWAR BAJWA, JJ
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HIDAYATULLAH
VS
HIDAYATULLAH vs FEDERATION OF PAKISTAN through Secretary Ministry of Information Technology and Telecommunications and 2 others
Law:
Section:
Sacked Employees (Reinstatement) Act (XXII of 2010)-------Ss. 2(f) & 4---Constitution of Pakistan, Art.199---Pakistan Telecommunication Corporation Limited (PTCL), employee of---Appointment on contract basis without specified period---Termination of contract on 29-12-1996---Constitutional petition challenging such termination in the year 2010---Validity---No period of contract was fixed in letter of appointment issued to petitioner---Provision of S. 4(b) of Sacked Employees (Re-instatement) Act, 2010 would not apply to petitioner, rather same being applicable to one whose service was terminated before or after expiry of contract period---Petitioner's case would be dealt with in accordance with S.4(a) of Sacked Employees (Reinstatement) Act, 2010 for same dealt with employment on regular or ad hoc basis or otherwise---Petitioner was entitled to re-instatement and benefits in accordance with provision of S.4(a) of the Act 2010---High Court directed reinstatement of petitioner and payment of benefits to him according to provisions of the Act. Ejaz Ali Bughti v. PTCL and others 2008 PSC 1229 and Masroor Hussain and 45 others v. Chairman, Pakistan International Airlines and another 2010 PLC (C.S.) 630 ref. Nasiruddin Ghori v. Federation of Pakistan through Secretary and 4 others 2010 PLC 323; Pakistan Telecommunication Co. Ltd. through Chairman v. Iqbal Nasir and others PLD 2011 SC 132; Shahid Mahmood Usmani v. through House Building Finance Corporation through Managing Director and others 2010 PLC (C.S.) 1360 and Abdul Jabbar Mastoi and others v. Federation of Pakistan through Secretary, Ministry of Information Technology and Telecommunications, Islamabad and others C.P. No.D-605 of 2010 rel. Azizur Rehman Akhund for Petitioner. Muhammad Qasim, Standing Counsel for Respondent No.1. Sanaullah Noor Ghauri for Respondent No.2. Date of hearing: 11th May, 2011. JUDGMENT SHAHID ANWAR BAJWA, J.--- For reasons to be recorded later this constitutional petition was allowed by short order dictated in open Court on 11-5-2011. The following are reasons of the same. 2. Petitioner was taken in employment of Telecom Foundation, a project of Pakistan Telecommunication Company…
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