The GENERAL MANAGER, PUNJAB PROVINCIAL COOPERATIVE BANK, LTD. vs GHULAM MUSTAFA Fundamental rights of the empl

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

The GENERAL MANAGER, PUNJAB PROVINCIAL COOPERATIVE BANK, LTD. VS GHULAM MUSTAFA Fundamental rights of the employee---Scope---Relationship of master and servant cannot be construed as so sagacious that the master i.e. the management of a statutory corporation or the corporation and/or company under the control of government having no statutory rules of service or the private sector may exercise the powers at their own aspiration and discretion in contravention or infringement of fundamental rights envisioned under the Constitution---Therefore, in all fairness, even under the relationship of master and servant, fundamental rights should be respected and followed, as the same are an integral part of due process. Citation Name: 2024 SCMR 1458 SUPREME-COURTBookmark this Case The GENERAL MANAGER, PUNJAB PROVINCIAL COOPERATIVE BANK, LTD. VS GHULAM MUSTAFA Remedies for employees under a master servant relationship---Proposal to establish special tribunals/courts to expeditiously decide cases of employees under the relationship of master and servant---According to the master's mindset, the employee can be dismissed or terminated outrightly with good, bad, or no reason at all, without providing any opportunity of fair hearing on the justification of having no statutory rules to regulate such employment---On account of no expeditious remedy or forum to challenge the adverse actions, such employees have to file civil suits and wait for a number of years for their decision, but if they are allowed a fast-track remedy under some legislation ensuring that some lawful justification for termination of contracts of employment is provided, and if such legislation also creates some rights and obligations for employers and employees with the formation of special courts or tribunals, then their cases will also be decided at a speedy pace, just as the cases of civil servants and workman/workers are decided by the Service Tribunal, NIRC, and labour courts within lesser time than the time normally consumed in civil courts---If any such tribunal or special court is constituted under some special law, it will not only ensure checks and balances but ardently and fervently ease and alleviate the sufferings of the aforesaid category of employees who presently have to go through the miseries and turmoil of the rigors and rigidities of procedure, and the backlog of cases, for a long time---It is expedient and pragmatic to plan some legislation and establish a special tribunal/court under a special law to approach the cases of employees under the relationship of master and servant, which would not only uphold the basic human values which are vital to our social and economic lives but would virtually be a milestone by the government in safeguarding the fundamental rights of an extremely large category of employees who are deprived of expeditious access to justice as a consequence of no backing of statutory rules of service in various statutory organizations, corporations, autonomous bodies and, in particular, the persons employed in private, industrial and commercial establishments who are excluded from the definition of worker or workman under the labour laws due to the nature of their job. Citation Name: 2024 SCMR 1458 SUPREME-COURTBookmark this Case The GENERAL MANAGER, PUNJAB PROVINCIAL COOPERATIVE BANK, LTD. VS GHULAM MUSTAFA art. 199---Constitutional petition filed by employees of Punjab Provincial Cooperative Bank---Maintainability---Master and servant relationship---Punjab Cooperative Bank Limited Staff Service Rules (2010) ["Rules"] were meant for internal consumption, but it was lucidly specified in the said Rules that the relationship between the Bank and its employees shall be that of a master and servant---Survey of the Bank's corporate structure or substratum of the Bank unambiguously connoted that the terms and conditions of the employees were not governed by any statutory rules of service but they were governed and regulated under the relationship of a "master and servant"---In absence of statutory rules of service, the aggrieved employee cannot invoke the writ jurisdiction of the High Court---Under the relationship of master and servant, the only available or applicable remedy is the filing of a civil suit in the civil court against actions detrimental to the interest of any such employee---In the present case writ petitions filed by the employees before the High Court were not maintainable owing to the relationship of master and servant and the absence of statutory rules of service.

The GENERAL MANAGER, PUNJAB PROVINCIAL COOPERATIVE BANK, LTD. vs GHULAM MUSTAFA Fundamental rights of the employee — 2024 SCMR 1458 SUPREME-COURT

Case information

Judgment text as reported

Other judgments reported in 2024 SCMR