Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 42---Suit for declaration that order of reversion of employee was illegal---Master and servant, relationship of----Employment on contract--­Wrongful reversion--- Remedy---Where relationship between the parties was that of master and servant, a person serving under such contractual employment at the best could claim damages for his wrongful reversion to a lower post---Suit for declaration was not maintainable. (b) Master and servant--- ---- Principle of master and servant---Applicability---Exception---Contractual employment--- Statutory rules---Effect of--Where the relationship was based on a contract freely entered into by the parties then the principle of master and servant was applicable---Such principle was not applicable if some law or statutory rules intervened and placed fetters upon freedom of the parties in the matter of the terms of the contract. Anwar Hussain v. Agricultural Development- Bank of Pakistan PLD 1984 SC 194 ref. (c) Constitution of Pakistan (1973)--- ---Art. 185(3)---Master and servant, relationship of---Concurrent findings of facts by the Courts below---Petitioner was employee of charitable trust and was reverted to lower post---Such order of reversion was assailed in civil suit---Trial Court dismissed the suit and appeal before High Court was also dismissed---Validity---Judgment of the High Court was neither arbitrary nor in violation of the settled principles of law---Supreme Court declined interference---Leave to appeal was refused. Anwar Hussain v. Agricultural Development Bank of Pakistan PLD 1984 SC 194 ref. Shafaat Hussain, Advocate Supreme Court for Petitioner. M.G. Dastgir, Advocate Supreme Court and A.A. Siddiqui, Advocate-on-Record for Respondents. Date of hearing: 21st August, 2000. ORDER DEEDAR HUSSAIN SHAH, J.---This petition for leave to appeal is against the judgment of the Sindh High Court, dated 20-10-1999 allowing C.R.A. No.203 of 1995, whereby concurrent findings of fact recorded by the two Courts below were upset and suit for declaration, permanent injunction and payment of back benefits filed by the petitioner was dismissed. 2. Petitioner was appointed as Ward Boy in Dr.…

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