Case Details

Citation(s)
1992 SLG 2120 1992 SLD 2120 1992 PLJ 273
Lahore High Court
Writ Petition No. 10299 of 1991, dismissed on 5.5.1992. Date of hearing: 26.4.1992.
MALIK MUHAMMAD QAYYUM, J
Mr. M. Habibullali, Advocate for Petitioner.

MUHAMMAD RIAZer

VS

NATIONAL FERTILIZER CORPORATION OF PAKISTAN LTD. and 2 others--Respondents

Law:

Section:

Master and Servant-- —Promotion of Respondent No. 3--Challenge to-Whether writ petition is maintainable—Question of—Dispute pertains to terms and conditions of service of Petitioner and Respondent No. 3 both of whom are • employees of a company incorporated under Companies Ordinance, 1984-Contention that discretion has been exercised arbitrarily, so constitution petition can be maintained-Held: As there is neither any statute nor any statutory rules, relationship of petitioner and his employer would be regulated by principle of master and servant and Constitution Petition cannot be maintained. [P.274]A,B,C ORDER Muhammad Riaz petitioner, who is working as Senior Manager (Technical), in Pak Arab Fertilizer (Pvt) Ltd., which is a Company being managed by National Fertilizer Corporation of Pakistan (Pvt) Ltd., has filed this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, challenging the promotion to the post of General Manager (Technical) Pak Arab Fertilizer, (of) respondent No. 3, and his further transfer to Pak Fertilizer Ltd. Multan. •2- The learned counsel for the petitioner was asked to show as to how this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, is competent when the dispute pertains to the terms and conditions of serivce of the petitioner as also respondent No. 3, both of whom are employees of a Company incorporated under the Companies Ordinance, 1984, as a private Company, in view of the law declared by the Supreme Court in The Principal, Cadet College, Kohat and another Vs. Muhammad Shoab Qureshi, (PLJ 1984 SC 77) and, Mrs.…
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