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VICE-CHANCELLOR, BACHA KHAN UNIVERSITY CHARSADDA, KHYBER PAKHTUNKHWA vs TANVEER AHMAD art — 2021 SCMR 1995 SUPREME-COURT

Case information

Citation
2021 SCMR 1995 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
VICE-CHANCELLOR, BACHA KHAN UNIVERSITY CHARSADDA, KHYBER PAKHTUNKHWA vs TANVEER AHMAD art

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

VICE-CHANCELLOR, BACHA KHAN UNIVERSITY CHARSADDA, KHYBER PAKHTUNKHWA VS TANVEER AHMAD art. 199---Constitutional jurisdiction of High Court---Scope---Master-servant relationship---Contractual terms of employment---Matters such as how and when and on what terms and conditions an employee was to be hired by the employer, were not to be decided by the courts; it was the prerogative of the employer to decide such matters and the terms and conditions of employment were such as were incorporated in the employment contract---Where relationship was governed by the principle of master and servant, then except in exceptional circumstances, disputes arising therefrom were beyond the jurisdiction and parameters of the (High) Courts under art. 199 of the Constitution---Forcing an institution/employer to act as per the whims and wishes of certain employees was not only burdensome, but was also a transgression of the powers vested with the High Court under art. 199 of the Constitution---Even otherwise, contractual terms and conditions could neither be enforced, nor a contract be extended or renewed under art. 199 of the Constitution. Citation Name: 2021 SCMR 1995 SUPREME-COURTBookmark this Case VICE-CHANCELLOR, BACHA KHAN UNIVERSITY CHARSADDA, KHYBER PAKHTUNKHWA VS TANVEER AHMAD Contractual employees---Such employees had no vested right of regularization in service---By mere efflux of time, an employee could not claim regularization and knock on the door of the Court for the same.

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