Law: Government of India Act, 1935

Section: 241(2)

Law: Constitution of Pakistan, 1962

Section: 178

Law: Contract Act (IX of 1872)

Section: 16

(a) Government of India Act, 1935------   ----S. 241 (2), proviso-- Person employed temporarily on explicit condition that his services could be terminated on one month's notice-Framing of rules not necessary in such case-Appointment of temporary employee not made subject to condition that services could be terminated on one month's notice-Such condition cannot be imposed subsequently by obtaining declaration to that effect from employee himself --Service of such person to be regulated and determined only by rules framed in accordance with S. 241 (2)-Constitution of Pakistan, (1962), Art. 178.   Abdul Karim v. West Pakistan Province P L D 1956 S C (Pak.) 298; Nurul Hassan and others v. Federation of Pakistan P L D 1956 S C (Pak.) 331; Muhammad Hussain Malik v. The Punjab Province P L D 1957 Lah. 979; Federation of Pakistan v. Shamsul Huda P L D 1957 Dacca 148; Pakistan and. another v. Hedayat Ullah P L D 1961 Dacca 29; Malik Muhammad Khalil v. The Government of West Pakistan P L D 1959 Lah. 229 and Abdul Ahad Khan v. Federation of Pakistan P L D-1957 Lah. 641ref.   (b) Government of India Act, 1935------   -----S. 241 and Constitution of Pakistan (1962), Art. 178-Government servant-Terms and condi tions of service-Can be imposed and laid down only by method provided for purpose.   (c) Interpretation of statutes-----   -----Enactment providing doing of something in particular manner-Same could be done in that and in no other way.   (d) Government of India Act, 1935-----   ------S. 241(2) read with Punjab Partition (Civil Services) Order, 1947-Temporary employee appointed before Partition without condition that his services were liable to be terminated on one month's notice-Cannot be subjected to such condition subsequently-Constitution of Pakistan (1962), Art. 178.   (e) Contract Act (IX of 1872)-------   -----S. 16-Government servant --Temporary employee - Condition that services liable to be terminated on one month's notice not imposed at time of appoint ment-Declaration obtained from employee himself subsequently that his appointment was subject to such condition-Transaction, held,…