Law: Constitution of Pakistan, 1973

Section: 199

Summary: The appellant, a former employee of Bank of Punjab, challenged the order of the Single Bench that returned his plaint for filing before the Lahore courts on the ground of lack of territorial jurisdiction. The appellant argued that he was a permanent resident of Karachi, worked in Karachi Zone, received the dismissal letter in Karachi, and therefore Karachi courts had jurisdiction. The respondent bank argued that since the inquiry proceedings, show-cause notices, and dismissal decision originated from Lahore Head Office, only Lahore courts had jurisdiction. The Division Bench held that Karachi courts had territorial jurisdiction because the appellant was working and residing in Karachi, the dismissal order was communicated there, and compliance with the employer’s inquiry process did not amount to surrendering jurisdiction. The impugned order was set aside, the suit proceedings were revived, and the matter was directed to proceed before the competent trial court. Sections Used: Article 199, Constitution of Pakistan, 1973 Case Description (2 words each): Territorial Jurisdiction Service Dispute ORDER SHEET Has challenged the Order dated 24.01.2023 of learned Single Bench of this Court returning the Plaint of the Appellant to be filed in competent jurisdiction (at Lahore), primarily on the ground that the Appellant/Plaintiff in response to the inquiry initiated against him, was conducted at Lahore and he “surrendered” himself before the Inquiry Committee at Lahore. The Appellant’s Counsel has questioned the Order on various grounds and in particular that the Appellant is the permanent resident of Karachi as is evident from his Employment Card (Page-105); was working as EVP-I/Divisional Head Specialized Functions Operations for Karachi Zone; although the Show Cause Notice was issued from the Head Office at Lahore and response was also sent there, but in the Final Show Cause Notice dated 03.12.2020 (Page-45) an option was given to attend the inquiry proceeding either personally at Lahore or through Zoom/Online at Karachi; states that the Appellant did not physically appear before the Inquiry Committee at Lahore. Contends that the…