SHAHZAD SHER ALI vs FEDERATION OF PAKISTAN through Secretary Ministry of Commerce and Textile, Islamabad art — 2023 PLC(CS) 269 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PLC(CS) 269 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PLC
Parties: SHAHZAD SHER ALI vs FEDERATION OF PAKISTAN through Secretary Ministry of Commerce and Textile, Islamabad art
Subject matter: Constitutional

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

SHAHZAD SHER ALI VS FEDERATION OF PAKISTAN through Secretary Ministry of Commerce and Textile, Islamabad art.199---Constitutional petition---Civil Service---Non-statutory rules---Relationship of master and servant---Petitioners were employees of National Insurance Company who assailed their dismissal from service---Plea raised by petitioners was that they had sought enforcement of fundamental rights and principles of natural justice---Validity---If Constitutional petition was filed for enforcement of any fundamental right against a Limited Company owned by Government and engaged in discharge of any public duty, then it could be maintained and High Court in given facts and circumstances of a particular case could exercise its jurisdiction in terms of art. 199 of the Constitution--- Such function test was limited to a petition filed under art. 199 of the Constitution by an employee against companies owned and operated by Government in respect of its terms and conditions of service---In absence of any statutory rules of employment, principle of master and servant was to apply---No statutory rules were available of insurance company regulating employment, therefore, petition was not maintainable before High Court under art.199 of the Constitution---Petitioners were at liberty to seek any other appropriate remedy as could be available to them in accordance with law---Constitutional petition was dismissed, in circumstances.

Other judgments reported in 2023 PLC

2023 PLC(CS) 605 KARACHI-HIGH-COURT-SINDHRASHEED AHMED VS PAKISTAN TELECOMMUNICATION COMPANY LIMITED O.II, R.2---"Cause of action"---Connotation---Expression "cause of action" means…
2023 PLC(CS) 1119 SUPREME-COURTDIVISIONAL SUPERINTENDENT, POSTAL SERVICES, D.G. KHAN VS NADEEM RAZA Misappropriation or embezzlement of public funds---Moral turpitude---Sc…
2023 PLC(CS) 1119 SUPREME-COURTDIVISIONAL SUPERINTENDENT, POSTAL SERVICES, D.G. KHAN VS NADEEM RAZA S. 5---Service Tribunal, powers of---Scope---Under Section 5 of the Ser…
2023 PLC(CS) 928 SUPREME-COURTFEDERATION OF PAKISTAN through Chairman Federal Board of Revenue FBR House, Islamabad VS ZAHID MALIK all judicial, quasi-judicial and admini…
2023 PLC(CS) 928 SUPREME-COURTFEDERATION OF PAKISTAN through Chairman Federal Board of Revenue FBR House, Islamabad VS ZAHID MALIK Remand of a case to the lower fora---Sc…
2023 PLC(CS) 860 SUPREME-COURTAMANULLAH KHAN VS HOSPITAL DIRECTOR, KTH (MTI), PESHAWAR Upgradation of a post---Scope---In order to justify the upgradation, the Government…

Back to the case-law library · Search Pakistani case law in Urdu or English