Law: Constitution of Pakistan, 1973

Section: 199

(a)    Constitution of Pakistan-------Art. 199---Constitutional petition filed by retired employee of Muslim Commercial Bank (MCB)---Maintainability---Terms and conditions of service, enforcement of---Master and servant, relationship of---Constitutional jurisdiction of the High Court against a private bank having no statutory rules of service---Muslim Commercial Bank being a private bank/entity did not fall within the ambit of the High Court's constitutional jurisdiction, which is not exercised for interference in internal affairs of private institutions---Facts in brevity were that the petitioner being a retired employee of MCB sought enforcement of certain government instructions issued in the year 1977 not through the intervention of any federal government functionary but against the private bank (MCB) through the constitutional jurisdiction of the High Court---Held: MCB was a banking company privatized in the year 1991 having no statutory rules governing the terms and conditions of services of its employees---The federal government had no controlling share in the bank, similarly, the State Bank of Pakistan only acted as a regulator and it also had no statutory rules of service for governing terms and conditions of its employees---Thus, in terms of Art. 199 of the Constitution the said bank neither was a local authority or body controlled by the Provincial or Federal Government nor it came within the definition of person as provided under Art. 199 of the Constitution, thus, was not amenable to the Constitutional jurisdiction of the High Court---High Court had no jurisdiction to interfere with the internal affairs of private entities nor MCB came within the Constitutional jurisdiction of the High Court for the purpose of enforcing the terms and conditions of its employees--Constitutional petition being not maintainable was dismissed, in circumstances.Abdul Wahab and others v. HBL and others 2013 SCMR 1383 rel.(b)    Master and servant-------Employee of a private bank---Non-statutory rules---Effect---Master and servant relationship---Where there are no statutory rules governing the terms and conditions of its employees…