Case Details

Citation(s)
2024 SLG 5268 2024 SLD 5268 2024 PLC 695
Lahore High Court
Writ Petition No.52009 of 2023, decided on 21st December, 2023. Date of hearing: 3rd November, 2023.
Before Sultan Tanvir Ahmad, J
Muhammad Ahsan Bhoon Senior Advocate Supreme Court, Junaid Jabbar Khan, Syed Ali Zohair Karmani, Shehzad A. Chaudhry and Sehar Ilyas for Petitioner. Barrister Muhammad Ahmad Pansota for
Respondent No.1. Jawad H. Tarrar for
Respondent No.2. Mian Muhammad Javaid for
Respondents Nos.3 and 4. Barrister Chaudhary Saeed Nagra for
Respondent No.5. Malik Muhamad Awais Khalid for
Respondent. Ghulam Mujataba Khan, Director (Labour and Legal) FESCO and Mehboob Talib, Assistant Director (L&L) FESCO.

RIZWAN ALI

VERSUS

CHAIRMAN BOARD OF DIRECTOR, FESCO and 4 others

Law: State-Owned Enterprises (Governance and Operations) Act (VII of 2023)-

Section: 36

 

State-Owned Enterprises (Governance and Operations) Act (VII of 2023)---

----S.36---Employee of a state-owned Electric Supply Company---Seniority---Retrospective effect of state-owned Enterprises (Governance of Operations) Act, 2013---Petitioner was employee of a State-owned company and aggrieved of fixing of his seniority by Board of Directors in their meeting held in the year 2014---Petitioner pleaded violation of some provisions of State-Owned Enterprises (Governance and Operations) Act, 2023---Validity---Provision of State-Owned Enterprises (Governance and Operations) Act, 2023, received assent of the President on 30-01-2023 and came into force at once---When an Act of Parliament provided that it would come into force at once, then every provision of it became enforceable from the day the Act had received assent of the President unless any provision of Act provided otherwise---Claim of applicability of State-Owned Enterprises (Governance and Operations) Act, 2023 to the decision taken by Board of Directors on 16-06-2014 or retrospective effect of the Act, even otherwise, was negated by S.36 of the Act---Constitutional petition was dismissed, in circumstances.

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