| Citation(s) |
|---|
| 1993 SLG 1284 1993 SLD 1284 1993 PLC 377 |
Lahore High Court
Revision Application No. 78 of 1982, decided on 14th September, 1992.
ABDUL RAHIM QAZI, J
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Revision Application No. 78 of 1982, decided on 14th September, 1992.
ABDUL RAHIM QAZI, J
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STATE LIFE INSURANCE CORPORATION OF PAKISTAN
VS
F.D. NAJMI
Law:
Section:
(a) Life Insurance Nationalisation Order (10 of 1972)--- ----Arts. 4 & 19---Employee who joined Prudential Insurance Company on commission basis in 1950, later on was promoted by virtue of his outstanding performance and was appointed as Development Officer on salary basis with probationer period of one year which he successfully completed and was confirmed in 1961---In addition to salary employee was also entitled to commission and bonus---After promulgation of Presidential Order 10 of 1972 according to which employee stood absorbed in State Life Insurance Corporation and management of employer company was vested in Central Government, employee had become employee of Corporation and would hold his office therein on same terms and conditions which included remuneration, tenure of office, right and privileges as to pension and gratuity as were available to him immediately before he was absorbed in Corporation--Contention of employer Corporation that terms and conditions of service of employee would be governed by Law of Master and Servant and that he was not employee of Corporation, could not be sustained as employee by operation of law had stood transferred to service of Corporation on same terms anti conditions as he had been availing at time of promulgation of Presidential Order, 1972. (b) Civil service--- ----Salary---Salary was not a bounty, but was a legal right accruing to an employee which could be enforced under law. (c) State Life Insurance Corporation Service Regulations, 1973--- ----Regln. No. 33---Termination of service of employee being discretionary with Corporation on three months prior notice as provided in Regulations, declaration could be granted by Civil Court that employee after his termination continued in service of Corporation. I.H. Zaidi for Applicant. Respondent in person. Date of hearing: 8th September, 1992. JUDGMENT This revision application has been filed challenging the judgment passed by the VIth Additional District Judge, Karachi in Civil Appeal No. 19 of 1979. whereby he accepted the appeal, set aside the judgment of the trial Court and decreed the suit of the plaintiff/respondent. Briefly the facts of the case are that the…
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