Case Details

Citation(s)
1983 SLG 1812 1983 SLD 1812 1983 PLC 889
Sindh High Court
Constitutional Petition No. 792 of 1981, decided on 22nd October, 1981.
SAEEDUZZAMAN SIDDIQUI AND G. M. KOUREJO, JJ

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NAZIR AHMAD BHATTI

VS

MESSRS PAKISTAN STEEL MILLS CORPORATION LTD.

Law:

Section:

Constitution of Pakistan (1973)--- ----Art. 199-Constitutional jurisdiction-Service matter-Employee of Public Limited Company-Challenging order of termination of service-Relationship between parties governed under law of master and servant-Interference refused by High Court in constitutional jurisdiction. R. T. H. Janjua v. N. S. C. P L D 1974 S C 146 and Shujauddin Ahmed v: Oil & Gas Development Corporation 1971 S C M R 566 rel. Salahuddin v. Frontier Sugar Mills and Distillary Ltd. P L D 1975 S C 244 and Wali Ahmad Khan v. Government of Sind and another Petition No. 177 of 1977 distinguished. Ch. Aashid Ahmed for Appellant. ORDER SAEEDUZZAMAN SIDDIQUI, J.-The petitioner has challenged the order of termination of his service dated 30th July, 1981 by the respondent as illegal, void and mala fide. In two other petitions Nos. 695 and 696- of 1981, filed against the respondent challenging similar orders of termination of service we refused to interfere with the orders, on the ground that relationship between the parties is governed under A the law of master and servant in view of the decision of the Supreme Court, in the cases of R. T. H. Janjua v.. N. S. C. (P L D 1974 S C 146) and Lt.-Col. Shujaud­din Ahmed v. Oil and Gas Development Corporation (1971 S C M R 566). The learned counsel for the petitioner was unable to point out any distinction in the above two cases dismissed by us summarily on 19-10-1981 and the present case. He, however, urged that in Petitions Nos. 695 and 696 of 1981, the decision of Supreme Court in the case of Salahuddin v. Frontier Sugar Mills and Distillary Ltd. (P L D 1975 S C 244) was not noticed. We have considered Salahuddin's case and in our view this case is of no assistance to the learned counsel. The following discussion at page 262 of the report will illustrate the point decided by the Supreme Court with regard to powers of this Court to issue writ against a joint stock Company: "In the light of the foregoing discussion, the position of a public limited company, in relation to the applicability of the various classes of…
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