Case Details

Citation(s)
1995 SLG 937 1995 SLD 937 1995 CLC 267
Lahore High Court
Civil Revision No. 1411 of 1992, heard on 8-11-1994
MALIK MUHAMMAD QAYYUM, J
Kh. Muhammad Farooq for Petitioners. Hafiz Tariq Nasim for
Respondent

NATIONAL BANK OF PAKISTAN and anothers

VS

Malik MANZOOR AHMAD

Law:

Section:

(a) Master and servant------- Statutory Corporation---Employees of statutory Corporation not governed by statutory rules of service---Termination of service---Remedy---Effect of non-observance of rules of natural justice---Where employment of a person was not governed by statutory rules of service, principle of master and servant would become applicable and neither Constitutional petition nor suit challenging order of termination of services could be maintained--­Relationship between parties being that of master and servant, master was within his rights to ask his servant to quit and only remedy in the event of wrongful dismissal was to file suit for damages---Where, however, while passing an order detrimental to the interests of the employee, principles of natural justice were violated, employee could challenge that order by filing Constitutional petition---Natural justice being part of every statute/statutory instrument, its violation would in law be violation of the statutory provision itself. Anisa Rehman v. P.I.A.C. and another 1994 SCMR 2232 fol. National Bank of Pakistan v. Manzoor ul Hassan 1989 SCMR 832 and National Bank of Pakistan v. Punjab Labour Court No.5, Faisalabad and 2 others 1993 SCMR 672 ref. (b) Master and servant- ---- Statutory Corporation---Employee of statutory Corporation not governed by statutory rules---Termination of service without opportunity of being heard, afforded to such employee---Civil suit against termination of service was dismissed by Trial Court but decreed by Appellate Court---Both Courts below, however, not adverting to specific assertion of employee that he was neither served with any notice nor opportunity of being heard was granted to him--­Case was remanded in the interest of justice, to Trial Court for decision afresh on all the issues including that of jurisdiction. JUDGMENT This petition under section 115 of C.P.C. seeks revision of an order passed by the Additional District Judge on 13-5-1992 whereby the appeal fled by respondent against the judgment and decree dated 26-3-1991 of the trial Court was accepted and the case was remanded to the trial Court for decision on other issues. 2. It is necessary to state…
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