Law:

Section:

Constitution of Pakistan (19'73)-- ---- Art. 199/212-Petitioner employee of WAPDA transferred on deputation to a Company-Company informed by WAPDA that de­putationist would not be repatriated without its prior approval but Company relieving petitioner despite his representation and WAPDA refusing to entertain arrival report-Held : Petitioner still being employee of WAPDA has a right to serve WAPDA and could not be prevented from joining service--Refusal on part of WAPDA to let petitioner join it held, without lawful authority and of no legal effect-No cause of action, held further, existed for petitioner to approach Labour Tribunal instead of High Court whose jurisdic­tion not barred in view of Art. 212. Munawar Ahmad Javed for Petitioner. Mansoor Hussain Bokhari for Respondents Nos. 1 and 3. Sair Ali for Respondent No. 2. Date of hearing : 17th March, 1981. JUDGMENT This order shall also dispose of Writ Petitions Nos. 419-S-81, 11709-5­80, 9454-S-80, 9455-S-80, 10109-S-80, 11708-S-80, 11710-S-80, 177-S-81, 178-S-81, 179-S-81, 237-S-81, 385-S-81, 407-S-81, 12178-S-80, 11973-S-80, 11981-S-80, 11960-S-80, 11959-S-80, 11958-S-80, 1957-S-80, 11956-S-80, 11955-S-80, 11954-S-80, 11953-S-80, 11952-S-80, 11951-S-80, 11950-S-80, 11949-S-80 and 11948-S-80, which involve the same questions of law and facts. 2. The petitioner was employed as Assistant Engineer by WAPDA in Scarp-I in 1980. In September, 1972, he was transferred to the Machinery Pool Organisation, another department of respondent No. 1. On 31st August, 1974, a private limited Company under the name of Mechanized Construction of Pakistan Limited (respondent No. 2) was floated in the public sector and it took over all the assets, liabilities of the Machinery Pool Organisation. The services of the officers of the Machinery Pool Organization were also transferred to it. 3. Vide letter dated 4th September, 1975, WAPDA explained the terms and conditions of its employees on deputation with Mechanised Construction of Pakistan Limited to state that they were governed by the WAPDA Efficiency and Discipline Rules. A copy of that letter is said to have been endorsed to the Director (Complaints and Investigation) under…

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