Law:

Section:

West Pakistan Essential Services (Maintenance) Act (XXXIV of 1958)--S. 7---Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, R.9 (3)---Strike by hospital employees---Dismissal from service of such employees--­Validity---Service of hospital employees being subject to the provisions of West Pakistan Essential Services (Maintenance) Act, 1958, they had no legal justification to go on strike---Hospital employees having remained absent from duties in spite of repeated notices and warnings, without any justifiable reason, action'` of Hospital Authorities, to dismiss them from service was unexceptionable. Hospital employees, in spite of repeated public notices and warnings, did not report for duty, with the result that a large number of patients in the Province encountered hardships and some of them even expired. Such an irresponsible conduct on the part of the employees could not be countenanced. The employees were subject to the provisions of the West Pakistan Essential Service (Maintenance) Act, 1958, which prohibits the employees, subject to the provisions of the Act, from absenting themselves from work. As a matter of fact, section 7 of the Act imposes criminal liability by providing that a person guilty of breach of the above provision of the Act is punishable with imprisonment for a term which may extend to one year and with fine. In presence of the above Act, the employees had no legal justification to go on strike. Since the employees remained absent from their duties in spite of repeated notices and warnings without any justifiable reason, the action of the hospital authorities to dismiss them from service was unexceptionable. Muhammad Arif Siddiqui v. Government of Pakistan 1988 SCMR 673; Abdur Rehman Babar v. N.-W.F.P. through the Chief Secretary, Government of N.-W.F.P. 1989 SCMR 928 and Rehmat Ali Shah v. Secretary, Defence Production Division, Rawalpindi 1990 SCMR 1500 distinguished. Hafra Tariq Nasim, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Petitioners (in all petitions except in C.P. No. 1981-L of 1998).. Petitioner in person (in C. P. No. 1981-L of 1998). Nemo for Respondents (in all except C.P. No. 1847-L of…

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