Case Details

Citation(s)
1998 SLG 745 1998 SLD 745 1998 SCMR 1452
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 85-K of 1997, decision dated: 11-05-1998
NASIR ASLAM ZAHID, MUNAWAR AHMAD MIRZA AND ABDUR REHMAN KHAN, JJ

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WAZIR ALI KHOJA

VS

MUSLIM COMMERCIAL BANK LTD. and others

Law:

Section:

Constitution of Pakistan (1973)--Arts. 199 & 185(3)---Master and servant---Constitutional petition--­Employee of privatised Bank---Termination of service---Validity---Entitlement to relief in the nature of quo warranto---Prayer clause incorporated in Constitutional petition against termination of service was not relatable to relief of quo warranto against employer---Employee neither by stating facts nor mentioning grounds for attacking order regarding termination of his service, had directly challenged status of employer---Constitutional petition filed by employee before High Court did not have any nexus with relief of quo warranto and same was simpliciter directed towards challenging legality of order regarding termination of employee's service---Powers of judicial review in terms of Art. 199 of the Constitution, however, did not extend to investigation into question of fact---Employees of privatised/de-nationalised institutions could not challenge termination of their services through Constitutional petition in terms of Art. 199 of the Constitution---Finding of High Court dismissing employee's Constitutional petition against termination of his services being well-reasoned and unexceptionable would not warrant interference---Leave to appeal was refused in circumstances. United Bank Limited and others v. Ahsan Akhtar and others. 1998 SCMR 68 and Habib Bank Limited v. Syed Zia-ul-Hassan Kazmi 1998 SCMR 60 rel. Salahuddin v. Frontier Sugar Mill and Distillery Ltd. PLD 1975 SC 244; PLD 1988 SC 416; PLD 1990 SC 513; 1991 SCMR 1041; 1993 SCMR 2000; 1997 SCMR 1543; Muhammad Umar Malik v. The Muslim Commercial Bank Ltd. 1995 SCMR 453 and M.C.B. Ltd. v. Muhammad Umar Malik PLD 1993 Lah. 281 ref. Muhammad Akram Sheikh, Senior Advocate Supreme Court, Rehmat Hasan Farooqui, Advocate Supreme Court and K.A. Wahab, Advocate-on-­Record for Petitioner. Raja Muhammad Akram, Senior Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Respondent No. 1. Date of hearing: 11th May, 1998. JUDGMENT MUNAWAR AHMAD MIRZA, J.---This petition is directed against order dated 30th April, 1997 passed by High Court of Sindh, Karachi, in Constitution Petition No. 935 of…
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