Case Details

Citation(s)
1999 SLG 777 1999 SLD 777 1999 CLC 192
Sindh High Court
Suits Nos.555 and 556 of 1989, decision dated: 25-09-1998
SHAIQ USMANI, J
Dastagir Ghazi for Plaintiff. Mushtaq Ahmed Shaikh for
Respondent

Miss IRSHAD JEHAN--Plaintiff

VS

P.N.S.C.

Law:

Section:

Damages------- Suit for---Dismissal from service---Plaintiffs who were dismissed from service had claimed payment of amount to them for damage to their health, reputation, mental torture etc. ---Plaintiff had failed to lead any evidence to prove damage to their health and reputation ---Plaintiff's dismissal from service was wrongful inasmuch as proceedings of Enquiry Committee were violative of principles of natural justice---Plaintiffs,, in circumstances, were entitled to damages for mental torture and mental shock---Damages for mental shock and torture fell in category of general damages for assessment of which no definite method was laid down---Primary consideration of the Court, in such cases, should be to compensate plaintiffs so far as possible for injury caused to them--­Consideration should also be given to status in life, age and nature of person to whom injury had been caused because people differ in their reaction and response to traumatic events---Plaintiffs who were women, underwent veiled harassment and unlawful dismissal during prime of their lives which could have unsettled them greatly particularly because they appeared to be highly strung--­Court decreed suit filed by plaintiffs and determined amount of damages payable to them accordingly. Muhammad Aslam v. National Shipping Corporation PLD 1979 Kar. 246 and Sufi Muhammad Ishaque v. The Metropolitan Corporation PLD 1996 SC 737 ref. JUDGMENT By this common judgment, I propose to dispose of the above two suits since these involve similar question of fact and law. The facts of the case as per pleadings of parties are that the plaintiffs in the above two suits are inter se sisters who were employed by defendant Corporation as telephone operators in 1975. Both were dismissed on 19-12-,1978 on the ground of misconduct, which orders they challenged before the Labour Court through the applications under section 25-A of the I.R.O. 1969, which were allowed and the plaintiffs were reinstated, Appeals filed by the P.N.S.C. were dismissed on 19-1-1980 so also Constitutional Petitions Nos.D-161 and D-162 of 1980 by judgment, dated 25-2-1982. The plaintiffs were taken back in service in consequence of the…
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