| Citation(s) |
|---|
| 2024 SLG 5298 2024 SLD 5298 2024 PLC 943 |
Suit No.S-1961 and C.M.A. No.19310 of 2022, decided on 22nd March, 2023. Date of hearing: 17th March, 2023.
Before Muhammad Shafi Siddiqui, J
Syed Ahsan Imam Rizvi for Plaintiff. Tasawur Ali Hashmi for Defendant.
AMIR HUSSAIN
VERSUS
SIR SYED UNIVERSITY OF ENGINEERING AND TECHNOLOGY, KARACHI through Vice Chancellor
Law: Specific Relief Act, 1877
Section: 42, 54
Specific Relief Act (I of 1877)---
----Ss.42 & 54---Suit for declaration and perpetual injunction instituted in original civil jurisdiction of High Court---Relationship of master and servant---Issuance of relieving letter/notice on account of abolition of post by a private university---Instead of challenging the act of abolition of post, plaintiff challenged the relieving notice and sought restoration of his service---Effect---Defendant was a private university, which was formed and was governed by the statute and it was included that there was a relationship of master and servant between the plaintiff and defendant---On account of abolition of post the plaintiff was relieved without any accusation as far as his services were concerned, however, the act of abolition of post was not impugned in the proceedings and the plaintiff had only prayed that relieving letter was in violation of natural justice and contrary to the Act, whereby the university was created---Application for grant of injunction and/or restoration of his service was dismissed.
Dr. Amir Bux Channa and another v. Isra Islamic Foundation (Guarantee) Ltd. and others 2023 CLD 691 ref.
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