| Citation(s) |
|---|
| 1982 SLG 1694 1982 SLD 1694 1982 PLC 1045 |
Lahore High Court
Writ Petition No. 7639 of 1979, decided on 7th February, 1981.
GUL MUHAMMAD KHAN, J
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Writ Petition No. 7639 of 1979, decided on 7th February, 1981.
GUL MUHAMMAD KHAN, J
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Mirza SALEEM BAIG
VS
ITTEFAQ FOUNDRIES, FEDERAL GOVERNMENT OF PAKISTAN AND ANOTHER
Law:
Section:
(a) Transfer of Managed Establishments Order (P. O. 12 of 1978)- -- Arts. 4 & 10 read with Economic Reforms Order (P. O. No. 1 of 1972), Art. 7-E and Dement of Industries (Federal Control) Act (XV of 1972), S. 7 and Constitution of Pakistan (1973), Art. 199-Termination of service -Employee - of company nationalized under Arc. 7 of P. O. 1 of 1972-Held, not entitled to any relief in writ jurisdiction after denationalisation -Petitioner can claim one month pay if services terminated in violation of instruction as laid down in his service rules. R, T. H. Janjua v. The State P L D 1974 S C 146 and Muhammad Sharif v. Secretary P L D 1973 S C 497 ref. (b) Transfer of Managed Establishments Order (P. O. 12 of 1978)- -- Arts. 4 & 10 and Constitution of Pakistan (1973), Art. 199-Writ jurisdiction-Petitioner employee of private limited Company not enjoying any statutory terms and conditions of service Held, had no right to invoke Constitutional jurisdiction or to ask for any relief. Abdur Razzaq Malik v. WAPDA etc. P L D 1973 Lab. 188; Gul Muhammad v. Chairman, Road Transport P L D 1973 Lab. 240 and Habibullah v. The State P L D 1980 Lab. 737 ref. (c) Transfer of Managed Establishments Order (P. O. l2 of 1978)- -- Arts. 10 & 11 and Constitution of Pakistan (1973), Art. 199Writ jurisdiction-Petitioner's services in a private limited Company terminated-Petitioner could claim his right of service in same company-Fact that some other colleagues absorbed or employed in another similar company, held, would not afford petitioner opportunity to claim a similar right for himself on basis of discrimination or otherwise. Aitzaz Ahsan for Petitioner. Syed Iftikhar Ahmed, Deputy Attorney-General for Respondents. Falak Sher for Ittafaq Foundries. Dates of hearing: 1st, 16th, 22nd. 24th and 25th November, 1980. JUDGMENT This order shall also dispose of other petitions (W.P. 7640, 7641, 7642, 7643, 7644, 7645 and 7646 of 1979). The petitioner claims to be an employee of respondent No. 2 and challenges through this petition the order dated 28th May, 1979, whereby he was placed on the cadre of Lahore Engineering and Foundry Limited (hereinafter called LEFO) which had…
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