| Citation(s) |
|---|
| 1998 SLG 1587 1998 SLD 1587 1998 PLC 1345 |
Supreme Court of Pakistan
Civil Appeals Nos.454 and 737 of 1998, decision dated: 16-06-1998 (On appeal from the judgment of Lahore High Court. Rawalpindi Bench, dated 16-5-1997 passed in I.C.A. No.2 of 1997 and judgment of Peshawar High Court dated 10-9-199,7, passed in W.P. 80 of
SAIDUZZAMAN SIDDIQUI, RAJA AFRASIAB KHAN AND WAJIHUDDIN AHMED, JJ
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Civil Appeals Nos.454 and 737 of 1998, decision dated: 16-06-1998 (On appeal from the judgment of Lahore High Court. Rawalpindi Bench, dated 16-5-1997 passed in I.C.A. No.2 of 1997 and judgment of Peshawar High Court dated 10-9-199,7, passed in W.P. 80 of
SAIDUZZAMAN SIDDIQUI, RAJA AFRASIAB KHAN AND WAJIHUDDIN AHMED, JJ
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Agha SALIM KHURSHID and another
VS
FEDERATION OF PAKISTAN and others
Law:
Section:
(a) Constitution of Pakistan (1973)-------Art. 212(3)---Contract service---Premature termination---Validity –Leave to appeal was granted to consider whether premature termination of contract service was justifiable without show-cause notice to the employee in view of law laid down by Supreme Court in Anisa Rehman v. P.I.A.C. 1994 SCMR 2232. Shrilekha Vidyarthi v. State of U.P. AIR 1991 SC 537 ref. (b) Civil service- ---- Contract of service---Premature termination without notice to appointee--Validity--Service contract specifically provided that appointments shall be liable to termination on 3 months' notice or 3 months' salary in lieu thereof on either side without assigning any- reasons---Such a contract does not create any vested right in the appointee so as to make him entitled to notice before termination of the contract of service---Service of appointee was governed by the terms of contract which he had executed at the time he entered the employment. Central Inland Water Transport Corporation Ltd. v. Brojo Nath AIR 1986 SC 1571; Pakistan v. Public-at-Large PLD 1987 SC 304; Pakistan v. Public-at-Large 1989 SCMR 1690 and Anisa Rehman v. P.I.A.C. 1994 distinguished. Secretary, Government of Punjab v. Riaz-ul-Haq 1997 SCMR 1553 ref. M. Asghar Malik, Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Appellant (in C.A. No. 454 of 1998). M.A. Ghani, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Respondent (in C.A. No. 737 of 1998) Maulvi Anwarul Haq, Deputy Attorney-General and Raja Abdul Ghafoor, Advocate -on-Record for Respondents (in both Cases). Date of hearing: 16th June, 1998. JUDGMENT SAIDUZZAMAN SIDDIQUI, J.---We proposed to dispose of abovementioned two civil appeals by a common order as the points of law and facts arising in these appeals are the similar. Civil Appeal No.454 of 1998 The appellant, who was a practising lawyer, was appointed as Member, National Industrial Relations Commission (N.I.R.C.) vide Notification dated 9-4-1996 for a period of two years on contract basis in BPS-20. The contract of service was extendable with the approval of Federal Public Service Commission (F.P.S.C.) on expiry of the original…
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