QASIM ZAHEER vs FEDERATION OF PAKISTAN through Secretary, Ministry of Energy O

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QASIM ZAHEER VS FEDERATION OF PAKISTAN through Secretary, Ministry of Energy O.VII, R.11 & O.XXXIX, Rr. 1 & 2---Specific Relief act (I of 1877), Ss. 42 & 54---Suit for declaration and injunction---Rejection of plaint---Interim injunction, refusal of---"Master and servant" relationship---Termination from service---Services of plaintiff were terminated, who was an employee of State owned corporation---Plaintiff assailed his termination letter and sought interim relief against operation of termination letter---Defendant contended that suit was barred by law and liable to be rejected---Validity---Relief of injunction was discretionary and Court was not bound to grant it in every case---Such relief was not to be granted unless Court was satisfied as to its real need---Discretion was to be exercised in accordance with reasons and sound judicial principles---Court while dealing with application for grant of injunctions had to look and assess all circumstances obtaining suit and moreso to equitable relief---Discretion vested in Court of law had to be exercised judicially and equitably ensuring all times that justice was adequately applied and administered---Even if a corporation was performing functions in connection with affairs of Federation but had no statutory rules, its employees were governed by principle of "master and servant"---Remedy against wrongful dismissal or termination from service was to claim damages---Plaintiff did not claim damages and/or compensation with regard to his alleged claim of wrongful dismissal from service---Relief sought by plaintiff was barred by S.42 of Specific Relief act, 1877---High Court declined to grant any relief to plaintiff as he had been terminated from service---Plaint was rejected in circumstances.

QASIM ZAHEER vs FEDERATION OF PAKISTAN through Secretary, Ministry of Energy O — 2023 PLC(CS)N 45 KARACHI-HIGH-COURT-SINDH

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