NAYAB KHAN vs CHIEF EXECUTIVE OFFICE PESCO, PESHAWAR art — 2023 PLC(CS) 944 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 PLC(CS) 944 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: PLC
Parties: NAYAB KHAN vs CHIEF EXECUTIVE OFFICE PESCO, PESHAWAR art
Subject matter: Criminal
Provisions referred to: S. 8; Companies Ordinance

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

NAYAB KHAN VS CHIEF EXECUTIVE OFFICE PESCO, PESHAWAR art.199---Constitutional jurisdiction---Maintainability---Employees of Peshawar Electric Supply Company (PESCO)---Non-statutory rules of service---Master and servant relationship---Scope---Petitioner, an employee of Peshawar Electric Supply Company, challenged the company's order---Validity---PESCO was established in 2002 as a result of the bifurcation of the Power Wing of WaPDa, as outlined in S.8(vii) of the Pakistan Water and Power Development authority act, 1958---Thirteen different corporate entities/companies were established and duly registered under the Companies Ordinance, 1984, following the restructuring of the Power Wing into generation, transmission, and distribution of electric power---PESCO had taken control of and managed the transition process of the WaPDa Power Wing---afterward, all functions of PESCO were performed by its Board of Directors---authority to hire and fire employees and determine the terms and conditions of their services exclusively vested in the Board of Directors---Neither the Federal Government nor the Provincial Government or local authority had any say in this matter---Controversy in the present case related to the petitioner's terms and conditions of service---Petitioner had challenged his transfer order, but his grievance was not governed by any statutory rules---Therefore, the writ petition could not be maintained---appropriate remedy for him was to approach the Civil Court and not the High Court in a writ jurisdiction under the principle of Master and Servant---Constitutional petition was dismissed.

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