SAJID HUSSAIN vs PAKISTAN INTERNATIONAL AIRLINES CORPORTION Ss — 2023 CLC 1795 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 CLC 1795 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: CLC
Parties: SAJID HUSSAIN vs PAKISTAN INTERNATIONAL AIRLINES CORPORTION Ss
Subject matter: Civil

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

SAJID HUSSAIN VS PAKISTAN INTERNATIONAL AIRLINES CORPORTION Ss. 42 & 54---Dismissal from service---Suit for declaration, injunction and recovery of damages---Amendment in pleadings---Complexion of suit, change of---Cause of action, absence of---Plaintiff filed suit against show cause notice issued by defendant/employer---During pendency, plaintiff was dismissed from service---Plaintiff assailed his dismissal order and sought its suspension---Validity---Scope of suit was confined to a show cause which met logical end i.e. dismissal from service---Such event of dismissal was a fresh cause triggered belatedly when plaintiff was dismissed from service---Neither scope of suit could be extended nor any amendment could be a logical solution as amendment would change complexion of suit altogether---Initially suit was against a show cause, which too was not maintainable and fresh cause of dismissal was different altogether---Complexion of suit could not be changed---Against any adverse order such as dismissal plaintiff could avail statutory remedy under service regulations---Nothing was left in the suit to adjudicate; show-cause had served its purpose; claim of damages was immature and without cause which was raised to avail pecuniary jurisdiction of High Court---Suit was dismissed in circumstances.

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