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2023 PLC(CS) 1262 PESHAWAR-HIGH-COURT

Case information

Citation
2023 PLC(CS) 1262 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2023
Reporter
PLC
Subject matter
Service

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

Citation Name: 2023 PLC(CS) 1262 PESHAWAR-HIGH-COURTBookmark this Case ALTAF SAEED, ET (BPS-14) WORKING FOLKS GRAMMAR HIGHER SECONDARY SCHOOL, KARAK VS GOVERNMENT OF KHYBER PAKHTUNKHWA Non-statutory rules---Effect---In absence of any statutory service rules, relationship between employer and its employees is that of Master and Servant. Citation Name: 2023 PLC(CS) 1262 PESHAWAR-HIGH-COURTBookmark this Case ALTAF SAEED, ET (BPS-14) WORKING FOLKS GRAMMAR HIGHER SECONDARY SCHOOL, KARAK VS GOVERNMENT OF KHYBER PAKHTUNKHWA art. 199---Constitutional petition---Maintainability---Employees of private organizations---Statutory rules of service, adopting of---Effect---Mere adoption of rules of government or their application by reference does not lend a statutory cover or content to such rules---Employee of a corporation or company or autonomous institution in absence of violation of law or statutory rule cannot press into service the constitutional jurisdiction for seeking relief relating to terms and conditions of his service rules. Citation Name: 2023 PLC(CS) 1262 PESHAWAR-HIGH-COURTBookmark this Case ALTAF SAEED, ET (BPS-14) WORKING FOLKS GRAMMAR HIGHER SECONDARY SCHOOL, KARAK VS GOVERNMENT OF KHYBER PAKHTUNKHWA R.9---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Petitioners were employees of Workers' Welfare Fund and their grievance was that they had not been extended benefits provided under Workers' Welfare Fund (Employees Service) Rules, 1997---Validity---Principals, Teachers and teaching cadres did not find umbrella / cover by Workers' Welfare Fund (Employees Service) Rules, 1997---Petitioners who invoked jurisdiction of High Court under Art. 199 of the Constitution belonged to Teaching Cadres, therefore, they could not claim protection under Workers' Welfare Fund (Employees Service) Rules, 1997---Petitioners were not protected under statutory rules---Any invasion on service or relating to their terms and conditions of service did not entitle them to approach High Court through Constitutional petition---High Court declined to interfere in the matter---Petitioner could approach appropriate forum for redressal of their grievances---Constitutional petition was dismissed, in circumstances.

Other judgments reported in 2023 PLC

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