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MUHAMMAD BASHIR vs FEDERATION OF PAKISTAN and NESPAK S — 2024 PLC(CS) 170 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 PLC(CS) 170 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
PLC
Parties
MUHAMMAD BASHIR vs FEDERATION OF PAKISTAN and NESPAK S
Subject matter
Constitutional
Provisions referred to
S. 2

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 BASHIR VS FEDERATION OF PAKISTAN and NESPAK S.2(f)---Constitution of Pakistan, Art. 199---Constitutional petition--Maintainability---Re-instatement in service sought---Sacked employee of 'NESPAK'---Non-statutory rules---Master-servant relationship---Petitioner / employee sought direction to respondent / employer to reinstate him into service from the date of his termination, on the basis of a judgment passed by Supreme Court in case of other employees---Validity---Petitioner's / employee's date of appointment was 26-09-1992 whereas under S.2(f) of Sacked Employees (Re-instatement) Act, 2010 prescribed period to come under definition of 'sacked employee' was from 01-11-1993 to 30-11-1996---Principle of 'Master and Servant" was applicable to petitioner / employee as rules of "NESPAK" were not framed under any statute rather were made by Board of Directors of "NESPAK" in exercise of powers conferred on it by Articles of Association of the Company---Such rules were merely regulations, instructions and directions for internal use and management of the company---Petitioner was provided fair opportunity of hearing but he failed to prove his case through cogent and confidence expiring evidence---Petitioner failed to cross hurdle/objection taken by respondent / employer regarding maintainability of petition---Constitutional petition was dismissed, in circumstances.

Other judgments reported in 2024 PLC

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