UMAR ASGHAR QURESHI vs FEDERATION OF PAKISTAN S — 2024 PLC(CS) 640 LAHORE-HIGH-COURT-LAHORE

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UMAR ASGHAR QURESHI VS FEDERATION OF PAKISTAN S.11---National Bank of Pakistan (Staff) Service Rules, 2021, R.2---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Non-statutory rules---Effect---Dismissal from service---Petitioners were employees of National Bank of Pakistan who were proceeded departmentally and were dismissed from service---Plea raised by petitioners was that they joined service much before National Bank of Pakistan (Staff) Service Rules, 2021, therefore, provisions of National Bank of Pakistan (Staff) Service Rules, 1973, were not applicable to them---Validity---Powers were conferred under S.11 of Banks (Nationalization) Act, 1974, upon the Board of National Bank of Pakistan to frame rules---Scope of S. 11 of Banks (Nationalization) Act, 1974, was dominant and preemptive command of law in terms of vesting complete management powers on the Board of National Bank of Pakistan, free from interference of Federal Government---Act of making non-statutory National Bank of Pakistan (Staff) Service Rules, 2021, by Board of National Bank of Pakistan after repeal of statutory National Bank of Pakistan (Staff) Service Rules, 1973, by Federal Government was a conscious effort by the management of National Bank of Pakistan in concert with Federal Government to streamline human resource of National Bank of Pakistan in order to bring it at par with other private banks in increasingly competitive commercial arena considering that primary services of any bank were in the nature of provision of efficient services to its customers---National Bank of Pakistan was a statutory commercial bank and in order to retain its viability, was expected and required to compete with other commercial banks---Desire to exercise control over its employees at part with other private banks was quite natural---There was no harm in the objectives provided the same was achieved after due process within the ambit of law---Board of National Bank of Pakistan in exercise of its powers conferred under S. 11 of Banks (Nationalization) Act, 1974, read with bye law 51 of Bye Laws, 2015, made the National Bank of Pakistan (Staff) Service Rules, 2021, without approval of Federal Government was non-statutory---After repeal of National Bank of Pakistan (Staff) Service Rules, 1973, only National Bank of Pakistan (Staff) Service Rules, 2021 were in vogue and same indiscriminately applied to all employees of National Bank of Pakistan after date of enforcement of Banks (Nationalization) Act, 1974, subject to R. 2 of National Bank of Pakistan (Staff) Service Rules, 2021---High Court declined to interfere in the matter as petitioners were rightly proceeded under non-statutory National Bank of Pakistan (Staff) Service Rules, 2021--Constitutional petition was dismissed, in circumstances.

UMAR ASGHAR QURESHI vs FEDERATION OF PAKISTAN S — 2024 PLC(CS) 640 LAHORE-HIGH-COURT-LAHORE

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