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NATIONAL ENGINEERING SERVICES PAKISTAN (NESPAK) vs MUHAMMAD NAWAZ CHEEMA Rr — 2023 PLC(CS) 785 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 PLC(CS) 785 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
PLC
Parties
NATIONAL ENGINEERING SERVICES PAKISTAN (NESPAK) vs MUHAMMAD NAWAZ CHEEMA Rr
Subject matter
Service
Provisions referred to
Companies Act

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

NATIONAL ENGINEERING SERVICES PAKISTAN (NESPAK) VS MUHAMMAD NAWAZ CHEEMA Rr.2(1)(g) & 25---Constitution of Pakistan, Art.199---Termination from service---Non-statutory rules of service---Constitutional jurisdiction---Scope---Respondents assailed their termination orders through various constitutional petitions, which were allowed by the Single Judge of High Court vide impugned orders---Contention of appellant-employer was that its' employees did not have statutory rules of service and that the alleged violation of terms and conditions of service did not attract the constitutional jurisdiction of High Court---Respondents defended the judgment by placing reliance on the judgment reported as "Pakistan Defence Officers' Housing Authority and others v. Lt. Col. Syed Jawaid Ahmed" [2013 SCMR 1707] ('the cited case') and contended that in view of non-adherence of Public Sector Companies (Corporate Governance) Rules, 2013, even in absence of statutory rules of service, the constitutional petition was maintainable---Validity---Supreme Court in the 'cited case' and others case had clearly observed that in order to maintain constitutional petition, it was incumbent upon the petitioner to show statutory intervention---Service rules in the instant case were prepared by Board of Directors of private limited company, having no statutory authority, the case did not meet the criteria and yardstick laid down in paragraph No. 50 of the 'cited case' and others case---Even otherwise, consequences of violation of Public Sector Companies (Corporate Governance) Rules, 2013, were given in R.25 of the same, in the form of fine besides other consequences provided in the Companies Act, 2017---Impugned judgment was set aside and the intra court appeals were allowed.

Other judgments reported in 2023 PLC

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