| Citation(s) |
|---|
| 2001 SLG 1815 2001 SLD 1815 2001 PLC 198 |
Lahore High Court
Writ Petition No.8879 of 2000, decision dated: 25-07-2000.
SYED, JAMSHED ALI, J
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Writ Petition No.8879 of 2000, decision dated: 25-07-2000.
SYED, JAMSHED ALI, J
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GHULAM SARWAR
VS
HABIB BANK LIMITED and others
Law:
Section:
(a) Service Tribunal Act (LXX of 1973)-------S.4---Constitution of Pakistan (1973), Art. 199---Implementation of order of Service Tribunal---Constitutional petition, maintainability of---Order passed by Tribunal having not been implemented by the employer-Bank, petitioner, through his Constitutional petition, had sought direction to the employer with regard to implementation of the order---Petition was resisted on ground that notwithstanding nationalization of the employer-Bank it continued to remain a body corporate and an independent entity and that it being not a Government Department, was not amenable to Constitutional jurisdiction of High Court---Validity---Bank after nationalization though continued to retain the status of an incorporated company, but its ownership and control stood vested in the Government---Employer-Bank. thus, was amenable to Constitutional jurisdiction and Constitutional petition filed against the Bank was maintainable. Khalid Mehmood, Inspector Police, Rawalpindi Range, Rawalpindi v. Inspector General of Police Punjab, Lahore and another PLJ 1998 Lah. 1606; S. Inamul Haq v. The Secretary, Establishment Division, Government of Pakistan 1983 CLC 1954; Messrs Sandal Fibres Limited v. Government of Pakistan and 7 others PLD 1992 Lah. 400 and Karam Hussain v. Daily Mashriq and 2 others 1992 PLC 136 ref. (b) Service Tribunals Act (LXX of 1973)--- ----S.4---Constitution of Pakistan (1973), Arts. 187, 199 & 212--Implementation of order of Service Tribunal---Constitutional jurisdiction of High Court---Scope---Tribunal, constituted in pursuance of the command of Art. 212 of Constitution of Pakistan (1973) had exclusive jurisdiction in respect of the terms and conditions of service of a civil servant---Judgment rendered by Service Tribunal was binding on the Departmental Authorities--Judicial system would be reduced to a clap trap if the Departmental Authorities were left free to implement or not to implement a of the Tribunal---Contentions that under Art.187 of Constitution of Pakistan (1973), High Court could only direct implementation of the of the Supreme Court and Constitutional jurisdiction could not be exercised to direct…
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