PESCO, WAPDA HOUSE vs ISHFAQ KHAN S — 2021 SCMR 637 SUPREME-COURT

Case information

Citation: 2021 SCMR 637 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: PESCO, WAPDA HOUSE vs ISHFAQ KHAN S
Subject matter: Service
Provisions referred to: S. 48

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

PESCO, WAPDA HOUSE VS ISHFAQ KHAN S. 48(4)---Constitution of Pakistan, Art. 199---Labour Court, jurisdiction of---Scope---Policy, notification or an executive order---Power to strike down a policy, notification or an executive order if it infringed the rights of an individual or group of individuals or if it was found to be arbitrary, unreasonable or violative of law or Constitution, rested exclusively with the High Court under Art. 199 of the Constitution, and a challenge could be thrown to such a policy, notification or the executive order by way of filing a Constitutional petition---Labour Court was not seized with such jurisdiction---In the present case, jurisdiction exercised by the Labour Court while directing an electric supply company to constitute a committee to grant promotion to the respondents against a quota while drawing analogy with other similar electric companies was beyond its scope---Appeal was allowed.

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