MUHAMMAD SAEED vs PAKISTAN TELECOMMUNICATION COMPANY LIMITED Ss — 2023 PLC(CS) 517 ISLAMABAD

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

MUHAMMAD SAEED VS PAKISTAN TELECOMMUNICATION COMPANY LIMITED Ss. 35 & 36---Pakistan Telecommunication Corporation Act (XVIII of 1991), S. 9 [since repealed]---Constitution of Pakistan, Art.199---Constitutional jurisdiction of the High Court---"Master and servant" relationship---Ad hoc or temporary employees employed by the Pakistan Telecommunication Corporation (the Corporation) or the Pakistan Telecommunication Company Limited (the Company)---Non-statutory terms and conditions of service---Scope---Distinction need to be drawn between departmental employees of the T & T Department whose terms and conditions of services on their transfer to the Corporation and Company were protected by law and those who were employed by the Company on contract of work charge basis whose terms and conditions of service were governed by the rules of the Company that were clearly non-statutory. Citation Name: 2023 PLC(CS) 517 ISLAMABADBookmark this Case MUHAMMAD SAEED VS PAKISTAN TELECOMMUNICATION COMPANY LIMITED art. 9---Civil service---Right of livelihood---Scope---In case of statutory employment within the public domain, procedural fairness and due process is indispensable---Removal of an employee without due process also offends article 9 of the Constitution because right to life includes right to a lawful and meaningful livelihood---It is the duty of public functionary to act reasonably, fairly, justly and in accordance with law---There is no room for arbitrary and unreason orders by a public functionary. Citation Name: 2023 PLC(CS) 517 ISLAMABADBookmark this Case MUHAMMAD SAEED VS PAKISTAN TELECOMMUNICATION COMPANY LIMITED arts. 199 & 10-a---Master and servant relationship---Right to fair trial---Termination from service---Non-issuance of show cause notice---Effect---Petitioner assailed order passed by respondent (employer) whereby he was removed from service on account of unauthorized absence from duty---Held, that petitioner, at the relevant time, had more than 20 years' service to his credit---Respondent had not placed on record a single document to show that whether any disciplinary proceedings under the relevant rules were initiated against him---It was not the case of respondent that they had ever served the petitioner with a show cause notice, not a single document was annexed with the written comments to show that the petitioner was proceeded against on account of unauthorized absence in due course of law in accordance with rules---Entire stress had been on the point that the petitioner admitted his willful absence at the time of personal hearing afforded to him pursuant to an order passed in the present writ petition---Treatment afforded to the petitioner for throwing him out of service after rendering 20 years' service as being regular employee in no way could be termed justified and in accordance with the canons of law---Treatment under due process was right of every employee while principle of fair trial was also a fundamental right in terms of art. 10-a of the Constitution---Termination notice was set aside and the writ petition was allowed. Citation Name: 2023 PLC(CS) 517 ISLAMABADBookmark this Case MUHAMMAD SAEED VS PAKISTAN TELECOMMUNICATION COMPANY LIMITED arts. 4 & 10-a---Right to fair trial---Right of individuals to be dealt in accordance with law---Right of access to justice---Scope---Right of access to justice is a well-recognized sacrosanct right under art. 4 of the Constitution---Said right is equally found in the doctrine of due process of law---Said right includes the right to be treated according to law, to have a fair and proper trial and an impartial Court or Tribunal---Term "due process" includes issuance of proper show-cause notice in respect of proceedings initiated against an employee that may affect his rights and he shall also be given a reasonable opportunity to defend himself before imparting any pervasive order towards his rights guaranteed under any law of the land. Citation Name: 2023 PLC(CS) 517 ISLAMABADBookmark this Case MUHAMMAD SAEED VS PAKISTAN TELECOMMUNICATION COMPANY LIMITED Ss. 35 & 36---Pakistan Telecommunication Corporation Act (XVIII of 1991), S. 9 [since repealed]---Constitution of Pakistan, Art.199---Constitutional jurisdiction of the High Court---"Master and servant" relationship---Ad hoc or temporary employees employed by the Pakistan Telecommunication Corporation (the Corporation) or the Pakistan Telecommunication Company Limited (the Company)---Non-statutory terms and conditions of service---Scope---Petitioner assailed order passed by respondent (employer) whereby he was removed from service on account of unauthorized absence from duty---Contention of the respondent was that the present constitutional petition was not maintainable against it and that the status of the petitioner was that of a workman---Validity---Case of petitioner fell under the category of services of the erstwhile T&T department whose services were protected by the Pakistan Telecommunication (Re-organization) Act, 1996, whereas those employed by the respondent on contract basis, or work charge basis, whose terms and conditions of service were governed by the rules of the Company were clearly non-statutory---So far as contention that respondent was not a 'person' performing functions in connection with the affairs of the Federation within the contemplation of Art. 199(5) of the Constitution was concerned, the employees of the erstwhile T&T Department transferred to the Pakistan Telecommunications Corporation under the relevant provisions of the Pakistan Telecommunications Corporation Act 1991 and later/on succeeded by the respondent, discharging their functions and duties in the International Gateway Exchange as Operators were inducted permanently or regularized subsequently under the rules necessarily related to one of the affairs of the Federation within the purview of provisions of Art.199 of the Constitution---Telecommunication undisputedly was the subject which pertained to one of the important affairs of the Federation dischargeable now through the respondent; hence such entity involved in the same exercise of the sovereign powers, essentially fell within the connotations of the word 'person' as defined in cl. (5) of the Art.199 of the Constitution---Objections with regard to the status of the petitioner and maintainability of the petition were repelled and the petition was decided on merits. Citation Name: 2023 PLC(CS) 517 ISLAMABADBookmark this Case MUHAMMAD SAEED VS PAKISTAN TELECOMMUNICATION COMPANY LIMITED Termination from service---Audi alteram partem---Show cause notice---Scope---Principle contained in maxim "audi alteram partem" has to be applied in all judicial and non-judicial proceedings notwithstanding the fact that right of hearing has not been expressly provided by the statue governing the proceedings---Issuance of show cause notice to an employee before termination of his services is indispensable. Citation Name: 2023 PLC(CS) 517 ISLAMABADBookmark this Case MUHAMMAD SAEED VS PAKISTAN TELECOMMUNICATION COMPANY LIMITED art.5---General Clauses act (X of 1897), S. 24-a---Loyalty to State and obedience to Constitution and law---Reasons for decision---Scope---Every public functionary is under obligation to act within the four corners of mandate of the Constitution and the law---Dispensation of cases should be with due application of mind with cogent reasons within reasonable time---Departure from the course would definitely be considered offensive to S. 24-a of the General Clauses act, 1897.

MUHAMMAD SAEED vs PAKISTAN TELECOMMUNICATION COMPANY LIMITED Ss — 2023 PLC(CS) 517 ISLAMABAD

Case information

Judgment text as reported

Other judgments reported in 2023 PLC