Case Details

Citation(s)
1995 SLG 1576 1995 SLD 1576 1995 PLC 1230
Lahore High Court
Writ Petition No. 3558 of 1994, decided on 4th May, 1995.
IHSAN-UL-HAQ CHAUDHRY, J

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MUHAMMAD BASHIR SHEIKH and another

VS

PUNJAB SMALL INDUSTRIES CORPORATION, LAHORE

Law:

Section:

Punjab Small Industries Corporation Rules, 1976--- ----Rr. 7.3 & 13.2---Punjab Small Industries Corporation Act (XV of 1974), 'S.36---Punjab Civil Servants Act (IX of 1974), Preamble---Constitution of Pakistan (1973), Art. 199---Constitutional petition ----Maintainability--­Employees of Small Industries Corporation---Re-employment after superannuation on contract basis---Nature of employment---Termination of employment after induction into service---Validity---Appointments in Small Industries Corporation can be made on temporary or permanent basis, on contract or on deputation---Persons appointed on contract basis would be regular employees of the Corporation whereas such appointments under Punjab Civil Servants Act, 1974, would be purely of contractual nature and not regular appointments---Petitioners were although- employed for specified period yet were regular employees, therefore, they would be governed by Punjab Small Industries Corporation Rules, 1976, which are statutory rules--­Relationship between parties was thus, not that of master and servant--­Constitutional petition was competent for redress of grievance of such employees---Rule 13.2, Punjab Small Industries Corporation Rules, 1976, however, provides termination without assigning any reason by giving one month's notice---Petitioner's case was fairly and squarely covered by R. 13.2, Punjab Small Industries Corporation Rules, 1976---Termination of employees' services was thus justifiable in circumstances. M.H. Mirza v. Federation of Pakistan through Secretary, Cabinet Division, Government of Pakistan, Islamabad and 2 others 1994 SCMR 1024; Agricultural Development Bank` of Pakistan and 2 others v. Muhammad Sharif 1988 SCMR 597 and Gordhandas v. Water and Power Development Authority (WAPDA) and another 1989 SCMR 14 rel. Chief Secretary, Government of Sindh and another v. Sher Muhammad Makhdoom and 2 others PLD 1991 SC 973; Ahmad Faraz v. Government of Pakistan through Secretary, Establishment Division, Islamabad and 2 others 1991 PLC (C.S.) 407; Millat Tractors Employees Trust and 2 others v. Government of Pakistan through Secretary, Ministry of Labour, Manpower and Overseas Pakistanis, Islamabad…
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