Law: Constitution of Pakistan, 1973

Section: 199,10-A

Law: National Industrial Relations Act, 2012

Section: 2

Law: Industrial and Commercial Employment (Standing Orders) Ordinance, 1968

Section:

Summary

The Constitution Petition filed by the Petitioner, an employee of Sui Southern Gas Company (SSGC), challenging his suspension and disciplinary proceedings for absenteeism was dismissed. The Court held that since the Petitioner’s service was governed by non-statutory HR policy and not by statutory service rules, the writ jurisdiction of the High Court under Article 199 of the Constitution does not apply. The Petitioner’s grievance falls under the “master and servant” relationship, and he may seek redress through civil suit or internal remedies under the HR policy.

Core Points

• Petitioner employed by SSGC under a non-statutory HR Policy, not statutory service rules.
• SSGC’s employees fall into two categories: workers covered by industrial laws and managerial staff not protected by statutory rules.
• Petitioner held managerial status; hence, no writ jurisdiction under Article 199 for service grievances.
• Petitioner suspended for about 36 days absence without leave; disciplinary proceedings initiated under HR policy.
• Court reaffirmed that dismissal/suspension disputes in non-statutory settings must be resolved via civil suit or departmental remedies.
• Fundamental right to fair trial under Article 10-A applies to disciplinary inquiry.
• Reliance on Supreme Court precedents confirms no writ remedy without statutory service rules.
• Petition dismissed in limine for maintainability; petitioner free to pursue civil remedies.

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