Law: Constitution of Pakistan, 1973

Section: 199

Law: Code Of Civil Procedure, 1908.

Section: 2

Summary:

The petitioner sought the court’s intervention to declare his termination from United Bank Limited (UBL) illegal, demand reinstatement with full benefits, and compel federal respondents to implement the Federal Cabinet’s decision for his reinstatement or absorption with a golden handshake. The petitioner was terminated in 1997, while UBL was government-owned, without receiving the voluntary retirement benefits offered to others. UBL argued that it is a private entity post-privatization, the petitioner accepted a final settlement, and constitutional jurisdiction does not apply. The court observed the petitioner had already received termination dues, reached superannuation age (making reinstatement academic), and previous similar cases barred the remedy sought. Thus, the petition was dismissed for being time-barred, res judicata, and lack of maintainability under constitutional law.

Core Points:

1.Petitioner's claims:

• Termination from UBL in 1997 illegal and discriminatory.
• Reinstatement with continuous service and back benefits.
• Enforcement of Federal Cabinet's decision for reinstatement or absorption with golden handshake.
• Challenge based on improper application of "last in, first out" principle and retention of juniors.

2.UBL's defense: