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2023 PLC(CS) 961 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PLC(CS) 961 KARACHI-HIGH-COURT-SINDH
Court
Sindh 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

MUHAMMAD ARIF VS FEDERATION OF PAKISTAN through Federal Secretary, Ministry of Petroleum and Natural Resources, Government of Pakistan, Islamabad art.199---Constitutional petition---Employees of Sui Southern Gas Company Limited (SSGCL)---Regularization in service---Non-statutory service rules---Petitioners were employees of respondent company and sought their regularization in service---Validity---Where employment rules were non-statutory and relationship between an employee and employer was to be governed under the principle of master and servant, then in such case no writ could lie against the employer under article 199 of the Constitution---Merely for the fact that the petitioners sought regularization as against any dismissal or termination from service would not ipso facto make a petition competent---Petitioners were either contract employees or temporary employees who were seeking regularization of their services on one pretext or the other--- Contract employee could not seek enforcement of a contract in Constitutional jurisdiction nor even otherwise a writ by contract employee was competent against a company duly incorporated under Companies act, 2017---High Court declined to interfere in the matter, as it was a matter of regularization of service of employees who were governed by principle of master and servant--- Constitutional petition was dismissed in circumstances.

Other judgments reported in 2023 PLC

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