Case Details

Citation(s)
1990 SLG 1522 1990 SLD 1522 1990 PLC 704
Sindh High Court
Constitutional Petition No. D-733 of 1985, decided on 29th March, 1990.
SAEEDUZZAMAN SIDDIQUI AND SALAHUDDIN MIRZA, JJ
Syed Sami Ahmed for Petitioners. Abdul Ghafoor Mangi, Addl. A.G. for
Respondent No. ) A. Hafeez for
Respondents Nos. 2 to 8.

MUHAMMAD ZECHARIAH and others

VS

THE GOVERNMENT OF SINDH through Deputy Commissioner and District Magistrate, Karachi East and others

Law:

Section:

Pakistan Essential Services (Maintenance) Act (LIII of 1952)-- ----Ss. 3 & 7---Termination of service---Remedy against---Petitioners working in Establishment, claimed that at the time their services were terminated they were governed by the Act and their applications against termination wire dismissed by Deputy Commissioner who was appointed as competent officer under S. 7 of the Act---During pendency of Constitutional petition filed by petitioners against order of Dy. Commissioner, petitioners contended that in view of Supreme Court decision in case reported as 1989 S C M R 1549 petitioners could also approach Labour Court for their redress---High Court on request of petitioners dismissed their Constitutional petition as withdrawn with liberty to approach concerned Labour Court for relief still available to them under law. Karachi Electric Supply Corporation Ltd. v. N.I.R.C. P L D 1982 SC 125 and Pakistan Television Corporation v. M. Babar Zaman 1989 S G M R 1549 ref. JUDGMENT SAEEDUZZAMAN SIDDIQUI, J.--The petitioners were the employees of Respondent No. 2 and it is admitted before us that at the relevant time when the services of the petitioners were terminated on 1-3-1984 ,a Notification issued under section 3 of the Essential Services Act, 1952, was applicable to Respondent No. l. On 6-3-1984 the petitioners made a complaint Io the Deputy Commissioner concerned who was appointed as the authorised officer under section 7 of the Act but the application was dismissed oP 21-10-1984. A second application was moved by the petitioners to the Deputy Commissioner concerned on 11-3-1985 which was dismissed on 28-7-1985. The petitioners have challenged both the orders dated 21-10-1984 and 28-7-1985 respectively passed on their First and Second Petitions by the Deputy Commissioner in the above pCtition. At the hearing of the…
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