Case Details

Citation(s)
1998 SLG 1290 1998 SLD 1290 1998 SCMR 429
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 110-K of 1997, decision dated: 26-06-1997
ABDUL HAFEEZ MEMON AND SH. IJAZ NISAR, JJ

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MUHAMMAD TARIQ and others

VS

P.I.A and others

Law:

Section:

Contract Act (III of 1872)--S. 2(h)---Constitution of Pakistan (1973), Arts. 4, 25 & 185(3)---Services of employees of Corporation (contract employees) were terminated before expiry of period specified by contract---Order of termination was challenged in High Court but to no effect---High Court dismissed petitioners' Constitutional petition on the ground that petitioners, being contract employees, could not invoke Constitutional jurisdiction---Validity---Petitioners claimed that their services were terminated by omnibus order without hearing and issuing show-cause notice to them, therefore, impugned order of termination was in violation of principles of natural justice and was, thus, not sustainable in law; that termination of petitioners was discriminatory, in so much as, five similarly placed employees were absorbed and their services were not terminated, therefore, termination was against rules of natural justice and fair play; and that case of several petitioners was at par with those petitioners whose petitions were allowed by High Court, they were, thus, discriminated and denied the same relief to which they were entitled on principles of consistency, fairplay, justice and equity---Contentions raised by petitioners being substantial, leave to appeal was granted, inter alia, to consider the same---Operation of impugned order of termination of services of petitioners was suspended meanwhile. K.M. Nadeem, Advocate Supreme Court with K.A. Wahab, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 26th June, 1997. ORDER SH. IJAZ NISAR, J. ---Petitioners are qualified, Electrical and Electronics Engineers. They were appointed in the respondent Corporation against permanent vacancies of Project Officers on contract basis vide Notification, dated 16th January, 1995, for period of three years, extendable for a further period commencing from 16th January, 1995 to 15th January, 1998. However, before the expiry of the said period, their services were terminated by an office order issued by the main office on 12th December, 1996. The petitioners challenged their termination in the High Court but their petitions were dismissed on the ground…
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