PAKISTAN TELECOMMUNICATION COMPANY LTD. vs MUHAMMAD SAMIULLAH Ss — 2021 SCMR 998 SUPREME-COURT

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PAKISTAN TELECOMMUNICATION COMPANY LTD. VS MUHAMMAD SAMIULLAH Ss. 35 & 36---Pakistan Telecommunication Corporation Act (XVIII of 1991), S. 9 [since repealed]---Constitution of Pakistan, Art. 199---Constitutional jurisdiction of the High Court---Scope---"Master and servant" relationship---Ad hoc or temporary employees employed by the Pakistan Telecommunication Corporation (the Corporation) or the Pakistan Telecommunication Company Limited (the Company)---Non-statutory terms and conditions of service---Distinction had to be drawn between departmental employees of the Pakistan Telegraph and Telephone Department (T&T Department)whose terms and conditions of service on their transfer to the Pakistan Telecommunication Corporation (the Corporation) and then to the Pakistan Telecommunication Company Limited (the Company)were protected by law and those who were employed by the Company on contract or work-charge basis whose terms and conditions of service were governed by the rules of the Company that were clearly non-statutory---In the present case, the respondent-employee fell squarely in the latter category as he was employed as a workman on daily wages by the Corporation in 1992 whereafter his services were regularized in 1998 and subsequently terminated---At no point in time was the respondent working in the T&T department---Employees such as the respondent who were employed by the Corporation or the Company on ad hoc or temporary basis were not afforded statutory protection, and their employment was governed by the principle of 'master and servant'---Any alleged violation of non-statutory rules was not amenable to Constitutional jurisdiction of the High Court---Even otherwise, an adequate and efficacious remedy of filing a grievance petition before the Labour fora was available to the respondent, which alternate remedy he did not avail---Appeal was allowed and impugned judgment of High Court, whereby respondent was reinstated in service, was set aside.

PAKISTAN TELECOMMUNICATION COMPANY LTD. vs MUHAMMAD SAMIULLAH Ss — 2021 SCMR 998 SUPREME-COURT

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