| Citation(s) |
|---|
| 2002 SLG 1764 2002 SLD 1764 2002 CLC 147 |
Sindh High Court
Constitutional Petitions Nos.D-394. and D-415 of 1999, decision dated: 17-05-2001, hearing DATE : 6-02-2001
SAIYED SAEED ASHHAD, C.J. AND WAHID BUX BROHI, J
Abdul Mujeeb Pirzada for Petitioners. Shahid Anwar Bajwa for
Respondent No. 3
Constitutional Petitions Nos.D-394. and D-415 of 1999, decision dated: 17-05-2001, hearing DATE : 6-02-2001
SAIYED SAEED ASHHAD, C.J. AND WAHID BUX BROHI, J
Abdul Mujeeb Pirzada for Petitioners. Shahid Anwar Bajwa for
Respondent No. 3
ZAHEERUDDIN SHEIKH and 30 others
VS
UNITED BANK LIMITED
Law:
Section:
(a) Constitution of Pakistan (1973)--------Art. 199---Constitutional petition---Maintainability---Retrenchment Scheme prepared by the Bank---Petitioners were retrenched by the Bank in compliance of the scheme---Petitioners invoked the Constitutional jurisdiction of High Court for enforcement of statements made by the Prime Minister of the Country whereby he promised to provide employment to the retrenched employees of the Bank ---Validity--Question of the legality and propriety of the termination/retrenchment of the petitioners by the Bank did not require to be considered as the matter stood finally decided by the Supreme Court in case titled United Bank Limited v. Shamim Ahmed Khan and 41 others reported as PLD 1999 SC 990, pronouncing that the Bank had the right and the authority to retrench the petitioners, who were found to be in excess of their requirement---Petitioners would also be entitled to the benefits/relief provided by the Supreme Court to other retrenched employees of the Bank---Constitutional petition was not maintainable in circumstances. United Bank Limited v. Shamim Ahmed Khan and 41 other PLD 1999 SC 990 rel. Mian Muhammad Nurullah and 2, others v. District Magistrate, Lahore and 3 others 1970 SCMR 214; Zohra and 5 others v. The Government of Sindh, Health Department through its Secretary, Sindh Secretariat, Karachi and another PLD 1996 Kar. 1 and Akram Zahoor v. Federation of Pakistan 2000 SCMR 1232 ref. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction of High Court---Establishing a legal right-,--Pre-condition---Party invoking the Constitutional jurisdiction of High Court has to establish the existence of a clear legal right and further that such legal right must be so clear so as not to admit of a reasonable doubt or a controversy---Such legal right must be a personal and individual right and that it must be . a statutory right or a right recognized by law---Jurisdiction of High Court under Art.199 of the Constitution can be invoked only by an aggrieved person and a person can be said to be aggrieved only when he is denied a legal right by someone, who has a legal duty to perform relating to the…
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