Case Details

Citation(s)
2001 SLG 1554 2001 SLD 1554 2001 PLC 176
Lahore High Court
Writ Petition No. 136 of 1998/BWP, decision dated: 9-02-2000
IFTIKHAR AHMAD CHEEMA, J

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RIAZ AHMAD MALIK

VS

ADMINISTRATOR, MUNICIPAL CORPORATION, BAHAWALPUR and others

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) Ss.22 A(8)(g) & 22 D Constitution of Pakistan (1973), Art. 199 Constitutional petition Maintainability Termination of service Reinstatement Claim of back benefits Services of 'petitioner were terminated on ground that his appointment was not made in accordance with rules National Industrial Relations Commission accepting appeal of petitioner, reinstated him, but without back benefits Petitioner claimed back benefits by moving Constitutional petition Alternate and efficacious remedy of appeal under S.22 D of Industrial Relations Ordinance, 1969 was available to petitioner, but without availing same he had filed Constitutional petition against his grievance Suit for recovery of back benefits was also an efficacious remedy available to petitioner which he did not avail Factual controversy whether petitioner remained unemployed/jobless from date of his termination till date of his reinstatement, demanded deep probe and recording of evidence which could not be undertaken in Constitutional petition before High Court Where alternate and efficacious remedy was available, Constitutional jurisdiction of High Court would be barred. 1990 SC4R 999; 1995 PLC 706; 1994 MLD 1241; PLD 1994 Kar. 89 and 1994 CLC 183 ref. ORDER Petitioner was appointed as Sanitary Supervisor on 1 12 1992 by Administrator, Municipal Corporation, Bahawalpur (respondent No. l) but subsequently his services were terminated on the ground that his appointment was not made in accordance with rules vide Order No.1436, dated 11 6 1995, passed by respondent No. 1. The petitioner challenged this order, before N.I.R.C., Lahore. His appeal was allowed and he was reinstated but without back benefits vide order, dated 22 12 1997 (Annexure B). 2. Petitioner has claimed back benefits by moving the instant Constitutional petition on two fold grounds: (i) That the petitioner was in service till 14 6 1995 when termination order was passed, and (ii) that he remained unemployed and jobless since his termination till date. 3. Mr. Muhammad Ozair Chughtai, Advocate appearing for respondent No. l has opposed the instant petition inter alia on the: following grounds: (1)…
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