| Citation(s) |
|---|
| 1992 SLG 422 1992 SLD 422 1992 PLD 531 |
Supreme Court of Pakistan
Civil Appeals Nos. 154-K, 155-K and 243-K of 1991, decisiondated: 26-04-1992.
AJMAL MIAN, SAJJAD ALI SHAH AND SALEEM AKHTAR, JJ
Niaz Ahmad Khan, Advocate Supreme Court and M. Shabbir Ghaury, Advocate-on-Record for Appellants.M. Muzaffarul Haque, Advocate Supreme Court and Faizanul Haque, Advocate-on-Record.
Civil Appeals Nos. 154-K, 155-K and 243-K of 1991, decisiondated: 26-04-1992.
AJMAL MIAN, SAJJAD ALI SHAH AND SALEEM AKHTAR, JJ
Niaz Ahmad Khan, Advocate Supreme Court and M. Shabbir Ghaury, Advocate-on-Record for Appellants.M. Muzaffarul Haque, Advocate Supreme Court and Faizanul Haque, Advocate-on-Record.
Civil Appeal No.154-K of 1.991RAZIUDDIN-vsCHAIRMAN, PAKISTAN INTERNATIONAL AIRLINESCORPORATION and 2 othersCivil Appeal No.155-K of 1991SHAHABUDDIN HAIDERvsCHAIRMAN, PAKISTAN INTERNATIONAL AIRLINESCORPORATION and 2 othersCivil Appeal No.
Law:
Section:
(a) Pakistan International Airlines Corporation Act (XIX of 1956)-------S. 10 (2)---Constitution of Pakistan (1973), Art. 212(3)---Leave to appeal was granted to consider the questions, whether the Pakistan International Airlines Corporation was obliged to disclose the grounds to the employees in order to enable them to satisfy the management of Corporation that the action of removal of service against them was not warranted and whether Service Tribunal overlooked that important aspect. (b) Master and servant--- ---- Employee of a Corporation---Status---Relationship between a Corporation and its employee is that of Master and Servant---In case of wrongful dismissal of such an employee the remedy is to claim damages and not the remedy of reinstatement---Such a rule, however, is subject to a qualification that if the relationship between a Corporation and its employee is regulated by statutory provisions and if there is any breach of such provisions, an employee of such a Corporation may maintain an action for reinstatement. Lt. Col. Shujauddin Ahmad v. Oil and Gas Development Corporation 1971 SCMR 566; Chairman of East Pakistan Development Corporation v. Rustam Ali PLD 1966 SC 848; Lahore Central Cooperative Bank Limited v. Pir Saifullah Shah PLD 1959 SC (Pak.) 210; Zainul Abedin v. Multan Central Co-operative Bank Limited PLD 1966 SC 445; Shahid Khalil v. P.IA.C., Karachi 1971 SCMR 568; A. George v. Pakistan International Airlines Corporation PLD 1971 Lah. 748; R.T.H. Janjua v. National Shipping Corporation PLD 1974 SC 146 and Muhammad Yousuf Shah v. Pakistan International Airlines Corporation PLD 1981 SC 224 ref. Evacuee Trust Property Board and another v. Muhammad Nawaz 1983 SCMR 1275; Anwar Hussain v. Agricultural Development Bank of Pakistan PLD 1984 SC 194; Principal, Cadet College, Kohat and another v. Mohammad Shoab Oureshi PLD 1984 SC 170; Nisar Ahmad v. the Director, Chiltan Ghee Mills 1987 SCMR 1836; National Bank of Pakistan v. Manzoorul Hasan 1989 SCMR 832; Sindh Road Transport Corporation through its Chairman v. Muhammad Ali G. Khokhar 1990 SCMR 1404; Karachi Development Authority and another v. Wali Ahmad Khan and others 1991 SCMR 2434; Anwar…
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