Case Details

Citation(s)
2026 SLG 1078 2026 SLD 1078 = 2026 PLC 1
Lahore High Court
Writ Petition No.2296 of 2020, decided on 29th May, 2025.
Presented By: Before Shujaat Ali Khan, J
Syed Mujib-ul-Hassan along with Muhammad Azhar Toor, Deputy Manager (HR), GEPCO for Petitioners. Mirza Aamer Baig and Abdul Aleem Khan for
Respondent No.1. (in Writ Petitions Nos. 22374/2020, 22376/2020, 22379/2020, 22383/2020 and 22387 of 2020). Azfar Hakeem Awan for
Respondent No.1. (in Writ Petitions Nos.2282/2020, 2283/2020, 2292/2020, 2294/2020, 2308/2020, 2311/2020, 2312/2020, 2315/2020, 2317/2020, 2318/2020, 2323/2020, 2327/2020, 2328/2020, 2333/2020, 2334/2020, 2335/2020 and 2336 of 2020). Rana Saqib Mumtaz for
Respondent No.1. (in W.P. No.22386 of 2020). Salman Riaz Ch., for
Respondent No.1. (in Writ Petitions Nos. 2293/2020, 2314/2020 and 2338 of 2020). Khalid Ismail for
Respondent No.1. (in Writ Petitions Nos. 2284/2020, 2309/2020 and 2324 of 2020). Usama Zubair for
Respondent No.1 (in WP No.2332 of 2020). Qazi Waqar Majeed for
Respondent No.1. (in Writ Petition Nos. 2291/2020, 2296/2020, 2325/2020, 2326/2020, 2329/2020, 2331/2020, 2339/2020 and 2340 of 2020).

GUJRANWALA ELECTRIC POWER COMPANY through Chief Executive Officer and another

VERSUS

AHSAN and 2 others

Law: State-Owned Enterprises (Governance and Operations) Act, 2023

Section: VII,3

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

Section: VI,2(b)

Law: Industrial Relations Act, 2012

Section: X,33

Law: Constitution of Pakistan, 1973

Section: 175,25

(a) State-Owned Enterprises (Governance and Operations) Act (VII of 2023)--- ----S.3---State owned enterprises---Terms and conditions of employees---Board of directors---Duties---Provision of State-Owned Enterprises (Governance and Operations) Act, 2023 has been enforced for the smooth working of state-owned companies with specific reference to appointment of its Chief Executive and the Directors of the Board---Not a single reference has been made anywhere in StateOwned Enterprises (Governance and Operations) Act, 2023 to terms and conditions of employees of state-owned companies---Provision of State-Owned Enterprises (Governance and Operations) Act, 2023, cannot unnecessarily be stretched to that extent at the whims of any state-owned company. (b) Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S. 2(bb)---Industrial Relations Act (X of 2012), S. 33---Constitution of Pakistan, Art. 175---Industrial dispute---Grievance notice---Termination of service--Petitioner / Gujranwala Electric Supply Company was aggrieved of acceptance of grievance notice of respondents / employees whose services were terminated---Plea raised by petitioner / Company was that it was not an industry---Validity---Any entity which is involved in electrical undertakings falls within the definition of an industry---Main role of petitioner / Company is distribution, service and sale of electric power; the same falls within the definition of an industry and provisions of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 are applicable to its employees---According to Art. 175 of the Constitution, Government has jurisdiction to establish Courts for various subjects---Labour Courts have been established under the provisions of Labour Laws enacted by the relevant government, the same cannot be denuded of their powers to deal with a matter covered under the provisions of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---High Court declined to interfere in the order passed by the Courts below as their findings were unexceptionable---Constitutional petition was dismissed in circumstances. Messrs Rajby Industries Karachi and…
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