| Citation(s) |
|---|
| 1982 SLG 1000 1982 SLD 1000 = 1982 PLD 125 |
Civil Appeals Nos. K-85 to K-88 of 1979, decided on 1st December, 1981.
Present : Muhammad Haleem, Actg. C. J., Muhammad Afzal Zullah and Abdul Kadir Sheikh, JJ
A. Aziz, Senior Advocate and Muzaffar Hassan, Advocate-on-Record for Appellant (in all Appeals). Nemo for
Respondent No. 1 (in all Appeals).
Respondent No. 2 in person (in Civil Appeal No. K-85 of 1979). Talmiz Burney, Advocate and V. A. Kidwai, Advocate-on-Record (in Civil Appeals Nos. K-86 to K-98 of 1979). A. Aziz Khan, Advocate for the A.-G.
KARACHI ELECTRIC SUPPLY CORPORATION LTD.- Appellant
VERSUS
NATIONAL INDUSTRIAL RELATIONS COMMISSION AND ANOTHER-Respondents
Law: Pakistan Essential Services (Maintenance) Act, 1952
Section: 6
JUDGMENT
MUHAMMAD HALEEM, ACTG. C. J.-These appeals, by special leave, arise from the judgment of the High Court of Sind dated 18th of April, 1979, by which Constitution Petitions Nos. D-183, D-368 and D-369 of 1977 and D-34 of 1978 were dismissed.
The second respondent in Civil Appeal No. K-85 of 1979 was, pursuant to an agreement of service dated 6th of April, 1972, appointed as Data Processing Manager and was made incharge of the Computer Department at a monthly salary of Rs. 2,100 with usual allowances. His services were terminable under para. 9 of the agreement on a three months' notice in writing or three months' salary in lieu thereof on either side. On 27th of April, 1976, his serviced were terminated with immediate effect and he was offered three months, salary in lieu thereof. Feeling thus aggrieved, he filed an application before the first respondent in which he stated that his services were wrongly terminated and prayed therein that he should be re-instated. The first respondent took cognizance of his grievance and despite the objection by the appellant as to his jurisdiction to grant the relief, his prayer was allowed.