| Citation(s) |
|---|
| 1994 SLG 1428 1994 SLD 1428 1994 CLC 2004 |
Lahore High Court
Civil Revision No. 2127 of 1994, decided on 1st June, 1994
GUL ZARIN KIANI, J
Mian Mahmood Hussain for Petitioner
Civil Revision No. 2127 of 1994, decided on 1st June, 1994
GUL ZARIN KIANI, J
Mian Mahmood Hussain for Petitioner
TAHIR MAHMOOD RANA
VS
THE TOURISM DEVELOPMENT CORPORATION OF PUNJAB, LAHORE and 2 others
Law:
Section:
(a) Tourism Development Corporation Punjab Service Rules, 1989--- ----R. 9(iv)---Civil Procedure Code (V of 1908), OXXXIX, Rr. 1 & 2--Termination of service of employee of Tourism Development Corporation--Employee filing a suit against his termination---Pending suit employee filed application for suspending the operation of order of termination--Maintainability---Tourism Development Corporation, Punjab being a public limited company incorporated under the Companies Ordinance, 1984, service in the Corporation was not regulated by statutory rules and law of master and servant would regulate and govern the service of its employees---Infringement of R.9(iv) at the most gave cause to employee on termination of his service to sue the Corporation for damages for his alleged termination from service--Right to claim reinstatement of service by such employee was not, beyond dispute and existence of balance of convenience in his favour and irreparable loss was also open to exception---Employee, therefore, had no prima facie case in his. favour for grant of order suspending order of termination of his service---For decision of the application for temporary injunction for relief of reinstatement as a measure of interim relief during the pendency of the civil suit, the point raised on the application for rule of natural justice and a showcause notice would not have much merit---Such application would receive proper consideration at the trial---Exercise of discretion by the Trial Court granting interim relief, in circumstances, was rightly corrected in appeal by "the District Judge by dismissing the application for temporary injunction.--[Master and Servant--Natural justice, Principles of]. Riazuddin v. Chairman, Pakistan International Airlines Corporation and 2 others PLD 1992 SC 531; Shahzada Muhammad Umar Beg v. Sultan Mahmood Khan and another PLD 1970 SC 139; Ahmad Din and others v. Faiz Ali and others PLD 1954 Lah. 414 and Mrs. Anisa Rehman's case Civil Appeal No. 238-K of 1992 ref. (b) Civil Procedure Code (V of 1908)--- ----OXXXIX, R.1---Status quo order---Scope and extent---Status quo can be maintained between the parties in accordance with the situation as…
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