UNITED BANK LIMITED vs MUHAMMAD USMAN ARSHAD S — 2023 PLC(CS) 1111 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PLC(CS) 1111 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PLC
Parties: UNITED BANK LIMITED vs MUHAMMAD USMAN ARSHAD S
Subject matter: Service
Provisions referred to: S. 41---C; S. 3---I; Law Reforms Ordinance (XII of 1972); Banking Companies Ordinance

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

UNITED BANK LIMITED VS MUHAMMAD USMAN ARSHAD S.41---Constitution of Pakistan, Art. 199---Law Reforms Ordinance (XII of 1972), S.3---Intra Court Appeal---Private bank---Terms and conditions of service---Constitutional jurisdiction of High Court---Scope---Appellant / bank was aggrieved of direction to decide departmental representation of respondent / employee---Validity---State Bank of Pakistan was a regulatory authority for all banks operating in Pakistan---Functions of State Bank of Pakistan were contemplated under Banking Companies Ordinance, 1962, with respect to activation and operation of banks and for carrying out purpose of Banking Companies Ordinance, 1962 and matter ancillary thereto---No statuary duty and obligation of State Bank of Pakistan in Banking Companies Ordinance, 1962 to direct private bank to perform its functions in respect of its employees' terms and conditions of service---Constitutional petition could only be filed for enforcement of fundamental rights---In order to obtain a writ or an order or direction in the nature of mandamus, petitioner was to satisfy the Court that he had a legal right towards performance of a legal duty by the party against whom mandamus was sought---Such order or direction could only be granted subject to provision of relevant law--- Neither appellant / bank was amenable to Constitutional jurisdiction as was a private bank nor State Bank of Pakistan had any statutory role or jurisdiction in respect of terms and conditions of service of employees of private Banks like respondent---Division Bench of High Court set aside direction to decide representation of respondent / employee as it could not be issued by Single Judge of High Court---Intra Court Appeal was allowed, in circumstances.

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