Law:

Section:

Constitution of Pakistan (1973)---- ----Art. 199-Writ jurisdiction-Petitioner's terms and conditions of service governed by Service Rules, his services contractural and not governed by Constitution of Pakistan-Proper remedy against termina­tion of services in contravention of Service Rules-Suit for damages and not proceedings in writ jurisdiction. Zainul Abdin v. Multan Central Co-operative Bank Ltd., Multan P L D 1966 S C 445; Chairman, East Pakistan Industrial Development Corporation, Dacca v. The Secretary, East Pakistan Industrial Development Corporation, Dacca P L D 1966 S C 848 and R. T. H. Janjua v. National Shipping Corporation P L D 1974 S C 146 ref. Z. U. Ahmad for Petitioners. Mansoorul Arfin for Respondent. Dates of hearing: 23rd and 24th October, 1979. JUDGMENT FAKHRUDDIN G. EBRAHIM, J.-----These are three petitions in which the common grievance of the petitioners is that their services were terminated by the respondent National Bank, Pakistan in contravention of their Service rules and the prayer in each. petition is to set aside the order terminating the petitioner's Services and for a declaration that the petitioners continue to be in the service of the respondent Bank and are entitled. to all benefits of their service. 2. On behalf of the petitioners it was conceded that they were contractual employees and their terms and conditions of service were not guaranteed by the Constitution. It was, however, argued that if it was demonstrated that the petitioners services were terminated not in accordance with the Service Rules of the Bank, the Bank being a person within the meaning of the expression appearing in Article 98 of 1962, Constitution or Article 199 of 1973 Constitution, a writ would issue for setting aside the orders terminating their services. 3. Mr. Mansoorul Arfin, the learned counsel for the respondent bank conceded that the respondent Bank was a person within the meaning of Article 98 or Article 199 and therefore, amenable to the writ jurisdiction of the High Court, but went on to argue that writ would not be, in view of the contractual relationship between the parties and in absence of Constitutional guarantees, an appropriate remedy.…

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