NAVEED HAFEEZ vs PAKISTAN TELECOMMUNICATION CORPORATION LIMITED S — 2025 PLC 160 LAHORE-HIGH-COURT-LAHORE

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NAVEED HAFEEZ VS PAKISTAN TELECOMMUNICATION CORPORATION LIMITED S. 42---Civil Procedure Code (V of 1908), S. 100 & O.VI, R.I---Contract employee of Pakistan Telecommunication Corporation Limited---Absence from duty---Termination from service---Non-statutory rules of service---Claim of rights and privileges of civil servants---Legality---Appellant instituted a suit for declaration and recovery of damages on account of his termination without any notice---Respondents raised objection as to maintainability of suit before civil court being a subject of labour laws and the controversy relating to service matter---Validity---Appellant admitted that he was given notices/letters to explain his position; that he remained absent from duty without any intimation and failed to produce any medical prescription or any other documents showing that he remained admitted in the hospital---Appellant did not mention in his plaint that he met with an accident and remained admitted in hospital---Evidence beyond pleadings can neither be produced nor relied upon---In absence of any statutory rules the employee cannot claim the rights and privileges as are available to "Civil Servants" rather the rule of "master and servant" would be attracted which is to the effect that unwilling employer cannot be forced to accept the services of an employees who has been removed from service---No declaration can be issued as to the subsistence of a contract that by its own terms and conditions is terminable at the option of the employer---In absence of any statutory provisions protecting a servant, it is not possible under the law to grant him a decree against an unwilling master to the effect that he is still his servant---If the employee feels that the order of removal was not just or fair or suffered from any mala fide, the remedy will be to sue for damages and not for declaration for subsistence of service as no declaration can be issued as to the subsistence of a contract that by its own terms and conditions is terminable at the option of employer---Appellant was an employee of "Pakistan Telecommunication Corporation Limited", thus, the relationship between him and the "Corporation" was to be regulated entirely by law of "Master and Servant" and the Constitutional safeguards available to the generality of civil servants would not be available to him---Matter of appellant's reinstatement after cancellation of his termination fell within the domain of Labour fora and not in the Civil Courts---Trial Court had rightly held that the Civil Court had no jurisdiction to adjudicate upon the matter---Appellant failed to utter a single word describing the details of loss suffered by him due to his termination order such as fee of advocate or other charges for facing the litigation, medical certificate to prove mental agony as well as damages due to loss of his reputation---Regular Second Appeal was dismissed, in circumstances.

NAVEED HAFEEZ vs PAKISTAN TELECOMMUNICATION CORPORATION LIMITED S — 2025 PLC 160 LAHORE-HIGH-COURT-LAHORE

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