MOULA BUX KHATIAN vs The SUI SOUTHERN GAS COMPANY LIMITED Service benefits — 2023 PLC(CS) 1232 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PLC(CS) 1232 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PLC
Parties: MOULA BUX KHATIAN vs The SUI SOUTHERN GAS COMPANY LIMITED Service benefits
Subject matter: Civil
Provisions referred to: S. 11

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

MOULA BUX KHATIAN VS The SUI SOUTHERN GAS COMPANY LIMITED Service benefits---Deputation and service benefits---Lien on service---Laches---Scope---Plaintiff sought service benefits from the defendant company for the period he had worked there, i.e., 26 years---Defendant company filed an application to reject the plaint, citing it as time-barred and barred by res judicata---Validity---Plaintiff was initially appointed as a Trainee Officer in the company, but later, he joined the Federal Government on deputation and subsequently the Government of Sindh; he then filed a Constitutional petition for permanent induction into the service of the Government of Sindh with all consequential benefits, which was allowed by the court---After the High Court's decision, the defendant company terminated the plaintiff's lien from service after keeping him on its active roll for 12 years on deputation---Plaintiff was not legally justified in claiming service benefits from the defendant company because the company's service rules had no provision for it---Additionally, the plaintiff resisted the order to report back to the defendant company and had already been permanently inducted into the service of the Government of Sindh with all related benefits---Decision of the High Court qualified the meaning of phrase 'finally decided' as used in S. 11 of the C.P.C---Plaintiff had previously challenged the order of reporting to his parent department without claiming any dues against the defendant company---Instead, he sought permanent induction in the Government of Sindh with reference to summary(ies) of the Chief Minister---However, after such a long period, he was not justified in claiming such relief---Plaint was rejected in circumstances.

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